IVIL  HISTORY 


THE 


C  ' 


R  Y 


By  J.  L.  M.  CURRY,  LL.  D. 


THE  SOUTHERN  STATES  OF  THE  AMERICAN 
UNION  Considered  in  Iheir  Relations  to  the  Constitu 
tion  of  the  United  States  and  the  Resulting  Union.  To 
which  is  appended  a  series  of  questions  by  Dr.  F.  W. 
Boatwright,  President  of  Richmond  College.  J2mo. 
Cloth.  Price,  $J. 00. 

Although  originally  designed  for  general  reading, 
its  scholarly  presentation  within  brief  compass  of  the 
most  interesting  and  least  understood  part  of  American 
history  soon  suggested  ita  adaptability  for  schools,  and 
it  is  now  used  as  a  text-book  as  well  as  for  collateral 
reading  in  many  high  schools  and  colleges. 

CIVIL  HISTORY  OF  THE  GOVERNMENT  OF 
THE  CONFEDERATE  STATES.  With  Some 
Personal  Reminiscences.  J2mo.  Cloth.  Gilt  Top. 
Uncut  Edges.  Price,  $  J  .25. 

B.  F.  JOHNSON  PUBLISHING  COMPANY, 
Richmond,  Virginia. 


CIVIL  HISTORY 


OF  THE 


Government  of  the 
Confederate  States 


V1TH  SOME 


PERSONAL  REMINISCENCES. 


By  J.  L.  M.  CURRY,  LL.  D., 

Author  of  "Constitutional  Government  in  Spain,"  "William  Ewart 
Gladstone,"  "Establishment  and  Disestablishment  in  the  United 
States,"  "The  Southern  States  in  Their  Relation  to  the  Con 
stitution  of  the  United  States  and  the  Resulting  Union," 
"Thirty  Years  of  the  Peabody  Education  Fund,"  etc. 


RICHMOND,  VIRGINIA: 

B.  F.  JOHNSON  PUBLISHING  COMPANY. 

1901. 


Copyrighted  1900 
BY  J.  L.  M.  CURRY. 


All  rights  reserved. 


TO 

GENERAL  JOHN  B.  GORDON, 

Who,  in  utterance  and  act,  has  shown   how  perfectly  consistent 

loyalty  to  the  Union  is  with  loyalty  to  the  true  principles 

of  the  Confederacy  ; 

TO 

GENERAL  STEPHEN  D.  LEE, 

The  knightly  soldier,  the  Christian  gentleman,  the  true  patriot  ; 
TO 

GENERAL  JOSEPH  WHEELER, 

My  beloved  Commander,  soldier  of  three  wars; 
TO 

ALL  THE  SURVIVORS  OF   THE 
"  LOST  CAUSE," 

And  especially  to  the  surviving  women  of  the  Confederacy,  I  dedi 
cate  this  little  book,  an  humble  but  earnest  effort  to  rescue 
them  and  their  cause    from  historical  injustice 
and  unmerited  censure. 


CONTENTS. 


CHAPTER  I.  Page. 

Introduction — Causes  and  Right  of  Secession — 
Actual  Nullification — First  Fugitive  Slave 
L,aw — Robert  Toombs  —  Action  of  the 
States,  .....  11-41 

CHAPTER  II. 

Organization  of  the  Government  —  Howell 
Cobb — Provisional  Constitution— Election 
of  President  and  Vice-President — A.  H. 
Stephens  —  Initiatory  Legislation  —  Selec 
tion  of  Cabinet,  ....  42-61 

CHAPTER  III. 

Confederate  States  Constitution — Similarity  to 
that  of  the  United  States— Differences- 
Character  of  the  Changes— Executive  Re 
sponsibility  —  Ineligibility  —  Restraints  on 
Expenditures  and  on  Executive  Patronage 
—Members  of  Cabinet  in  Congress — "Pro 
tection"  —  Slave  Trade  —  Wisdom  of 
Changes  in  the  Light  of  Present  Con 
ditions,  .....  62-95 

CHAPTER  IV. 

Border  States — Peace  Congress — Lincoln's  Ad 
ministration—Joining  the  Confederacy — 
Contributions — Removal  to  Richmond,  .  96-107 


8  Contents. 

CHAPTKR  V.  Page. 

Revenues  of  the  Confederacy— Tax  in  Kind- 
Currency  —  Constant  Depreciation  —  Reli 
ance  on  Cotton,  ....  108-116 

CHAPTER  VI. 

Foreign  Relations — Commission  to  Washing 
ton — Duplicity  of  Seward — Envoys  to  Eu 
rope—Cotton  Loan— Efforts  in  Behalf  of 
Belligerent  Rights— Recognition  and  In 
tervention — Conduct  of  Russia — England — 
France— C.  F.  Adams— J.  P.  Benjamin,  .  117^141 

CHAPTER  VII. 

Davis'  Re-Election — Unanimity  of  the  South — 
Contrast  of  Resources — Individuality  of 
the  States  as  Seen  in  North  Carolina, 
Georgia,  Virginia,  ....  142-168 

CHAPTER  VIII. 

What  Southern  Women  Did — Hospitals — Priva 
tion  in  Southern  Homes  —  Comparative 
Strength  of  the  Armies  —  Religion  in 
Camps — Ministers  in  Arms — Religious  Per 
secution,  .  .  .  169-182 

CHAPTER  IX. 
Legal  Justification  of  the  South  in  Secession,    .  183-270 

APPENDIX,  ......  271-273 

CONSTITUTIONS  OF  UNITED  STATES  AND  CON 
FEDERATE  GOVERNMENTS,  .  .  .  274-309 

INDEX,         ......  311-318 


PREFACE. 

I  propose  in  this  volume  to  write  of  the 
origin  of  the  Confederate  Government,  and 
somewhat  of  the  civil  history,  interspersing  the 
narrative  with  a  few  personal  reminiscences. 
Of  the  members  of  the  first  session  of  the  Pro 
visional  Congress,  who  framed  the  Provisional 
Constitution,  organized  the  government,  elected 
the  President  and  Yice-President,  only  two  sur 
vive — Judge  Campbell,  of  Mississippi,  and  my 
self.  A  few  who  came  in  at  a  later  day  still  live. 
It  is  foreign  from  my  plan  to  write  of  the  mili 
tary  achievements  and  the  splendid  services  of 
the  army,  lessening  daily  in  numbers  from  sick 
ness  and  battle,  as  this  is  a  matter  of  military 
rather  than  of  political  history.  Many  volumes 
have  recorded  these  glorious  deeds.  The  skill  of 
captains,  the  endurance  and  gallantry  of  those 
who,  amid  "the  weary  waiting  for  help  which 
never  came,"  accomplished  marvels  of  manhood 
and  patriotism,  are  now  slowly  acknowledged, 


10  Preface. 

but  the  underlying  principles  and  motives  of 
secession  still  lack  understanding  and  approval. 
If  this  little  volume  shall  remove  any  prejudice 
or  throw  any  clearer  light  on  historical  and  con 
stitutional  truth  the  author  will  receive  ample 
remuneration  for  the  time  and  labor  he  has 
given  to  its  preparation. 

J.  L.  M.  CUBBY. 


CIVIL    HISTORY 

OF  THE 

GOVERNMENT  OF  THE  CONFEDERATE  STATES 


CHAPTER  I. 

INTRODUCTION — CAUSES  AND  RIGHT  OF  SECESSION — 
ACTUAL  NULLIFICATION — FIRST  FUGITIVE  SLAVE  LAW- 
ROBERT  TOOMBS — ACTION  OF  THE  STATES. 

In  the  Convention  of  1787  there  was  a  wide 
divergence  of  opinion  as  to  the  structure  and 
powers  of  the  government  to  be  formed.  The 
thirteen  colonies  of  Great  Britain  were  in  their 
colonial  origin  separate  and  distinct.  While  in 
a  few  instances  two  were  under  the  same  gov 
ernor,  their  legislative  assemblies  and  their  judi 
ciary  were  entirely  independent,  and  so  con 
tinued  up  to  the  time  of  the  Revolution.  These 
distinct  colonial  organizations  passed,  upon  the 
Declaration  of  Independence,  into  "free  and  in 
dependent  States"  with  full  power  to  do  all 


12          Civil  History  of  the  Government 

"acts  and  things  which  independent  States  may 
of  right  do."  The  Declaration,  casting  off  execu 
tive  authority,  was  authorized,  or  ratified,  by 
each  colony  acting  separately.  After  the  Revo 
lutionary  War,  the  Treaty  of  Peace  with  Great 
Britain  in  1782  recognized  the  separateness, 
independence  and  sovereignty  of  the  States,  as 
had  been  previously  done  in  treaties  with 
France,  the  Netherlands  and  Sweden.  These 
States,  assembled  in  convention  through  their 
deputies  in  Philadelphia  to  form  a  union  more 
perfect  than  the  Articles  of  Confederation,  soon 
found  themselves  contending  for  different  poli 
cies.  A  wise  and  patriotic  compromise  resulted 
in  the  Constitution,  which,  adopted  by  the  depu 
ties  (those  from  each  State  voting  as  a  unit),  re 
ceived  in  course  of  time  the  ratification  of  each 
State,  and  thus  created  the  union  of  the  States. 
A  conflict  of  views,  of  political  ideas,  of  dif 
ference  of  interpretation,  existed  from  the  foun 
dation  of  the  government.  There  was  one  con 
tinued  agitation  of  constitutional  questions,  em 
bracing  some  of  the  most  important  powers 
exercised  by  the  government.  Parties  soon 


of  the  Confederate  States.  13 

sprang  up  and  assumed  distinct  form  and  creed 
under  Adams  and  Hamilton  on  the  one  side  and 
Jefferson  on  the  other.  The  antagonism,  sharp 
and  public,  continued  until  1861,  and  there  was 
no  disguise  as  to  the  views  and  principles  held 
by  the  advocates  of  either  creed. 

At  the  time  of  the  Declaration  of  Independ 
ence  slavery  existed  in  all  the  colonies.  For 
economic  reasons  it  gradually  disappeared  in  the 
North ;  as  the  late  Senator  Ingalls  said,  "by  the 
operation  of  social,  economic  and  national  laws.7' 
"The  North  did  not  finally  determine  to  destroy 
this  system  until  convinced  that  its  continuance 
threatened  not  only  their  industrial  independ 
ence,  but  their  political  importance."  "The 
peculiar  institution,"  from  political  considera 
tions  and  dimly  moral  reasons,  became  the  cause 
of  angry  and  sectional  contention.  Attacks 
upon  property  in  slaves  in  Congress,  in  State 
legislatures,  in  press,  and  pulpit  and  literature, 
in  unmeasured  and  offensive  language,  made  the 
South  very  sensitive,  and  each  year  the  acerba- 
tion  of  feeling  and  apprehension  of  adverse  legis 
lation  and  domestic  interference  became  stronger 


14         Civil  History  of  the  Government 

and  more  uncontrollable.  After  years  of  angry 
strife  and  growing  estrangement,  the  election 
of  1860  brought  matters  to  a  crisis.  By  de 
cisive  action  it  had  been  previously  determined 
that  the  institution  was  to  be  "cabined,  cribbed, 
confined"  within  existing  limits,  and  that  the 
territories,  "belonging  to  the  United  States," 
were  not  open  to  the  immigration  of  the  South 
erner  with  his  slaves.  Mr.  Seward,  the  most 
prominent  Republican  in  the  country,  had  de 
clared  that  "slavery  must  be  abolished,  and  we 
must  do  it."  Mr.  Lincoln  had  declared  that  the 
country  could  not  exist  half  slave  and  half  free. 
"  The  irrepressible  conflict  "  found  hostile  ex 
pression  in  nullification  of  the  Constitution  and 
Federal  laws  by  State  legislatures  and  courts,  in 
open  advocacy  of  disobedience,  and  in  an  in 
flamed  hostile  sentiment.  In  the  Articles  of 
Confederation  between  the  colonies  of  Massa 
chusetts,  Plymouth,  Connecticut  and  New 
Haven  in  1643,  it  was  provided  that  "all  ser 
vants  running  from  their  masters  should,  upon 
demand  and  proper  evidence  of  their  character 
as  fugitives,  be  returned  to  their  masters  and  to 


of  the  Confederate  States.  15 

their  colonies  whence  they  had  made  their  es 
cape."*  This  was  the  first  fugitive  slave  law,  a 
New  England  fugitive  slave  law,  and  it  was  sub 
stantially  incorporated  into  the  Constitution  of 
the  United  States  by  the  unanimous  consent  of 
its  framers.  Justice  Story  said  in  one  of  his 
opinions :  "It  constituted  a  fundamental  article, 
without  the  adoption  of  which  the  Union  would 
not  have  been  formed."  So  said  Marshall,  Mc 
Lean  and  Webster,  and  so  say  all  candid  and 
impartial  historians  to  the  present  day.  For 
many  years  no  diversity  of  opinion  existed  as  to 
the  meaning  and  intent  of  the  constitutional  re 
quirement.  In  the  evolution  of  politics  and  sen 
timent  the  mandate  became  unpopular  and  was 
openly  and  riotously  nullified  by  societies,  mobs, 
courts  and  States.  Fourteen  Northern  legisla 
tures  violated  their  plighted  faith,  defiantly 
pronounced  the  fugitive  slave  law  void,  and 
passed  acts  for  its  disobedience  and  resistance. 
To  her  credit  it  should  be  recorded  that  Rhode 

*  In  1750,  Newport,  R.  I.,  had  170  vessels  engaged  in 
the  slave  trade,  and  a  preserved  record  mentions  110 
gallons  of  rum  as  the  price  of  a  slave. 


16          Civil  History  of  the  Government 

Island,  in  February,  1861,  repealed  her  Per 
sonal  Liberty  Laws  and  called  on  the  sister 
nullifying  States  to  put  themselves  right  by 
blotting  out  the  acts  of  hostility. 

Right  or  wrong,  the  Southern  States  in  un 
equivocal  language  had  declared  in  advance 
their  purpose  not  to  submit  to  flagrant  viola 
tions  of  the  compact  of  union  and  to  discrimi 
nating  laws  depriving  them  of  their  full  and 
equal  rights  in  any  territory,  or  rendering  inse 
cure  a  property  valued  at  $3,000,000,000.  As 
far  back  as  1796,  a  governor  of  Connecticut 
expressed  his  wish  that  the  Northern  States 
would  separate  from  the  South  the  moment  the 
election  of  Jefferson  should  take  place.  The 
bare  election,  prior  to  inauguration,  or  an  overt 
act,  was  considered  a  sufficient  cause  for  separa 
tion. 

Lincoln's  election,  under  the  circumstances, 
with  the  avowals  and  belligerent  acts,  made  it 
supremest  folly  to  await  the  strengthening  of 
the  hands  of  avowed  foes  by  the  possession  of 
the  powers  and  patronage  of  the  National  Gov 
ernment.  Lord  Bacon  said:  "There  is  surely 


of  the  Confederate  States.  17 

no  greater  wisdom  than  well  to  time  the  begin 
nings  and  onsets  of  things.  Dangers  are  no 
more  light  if  they  once  seem  light,  and  more 
dangers  have  deceived  men  than  forced  them. 
Nay,  it  were  better  to  meet  some  dangers  half 
way,  though  they  come  nothing  near,  than  to 
keep  too  long  a  watch  upon  their  approaches; 
for  if  a  man  watch  too  long,  it  is  odds  he  will  fall 
asleep." 

Probably  no  one  in  Congress  was  more  active, 
bold  and  able  in  asserting  the  rights  of  the 
Southern  States  and  their  purpose  not  to  sub 
mit  to  inequality  and  injustice  than  Senator 
Toombs,  of  Georgia.  Born  of  revolutionary  an 
cestors  in  Wilkes  county  (named  in  honor  of 
the  English  reformer  and  opponent  of  tyranny), 
he  was  one  of  the  most  remarkable  men  of  the 
century.  A  lawyer,  a  farmer,  a  statesman,  he 
succeeded  in  these  pursuits  beyond  his  fellows. 
With  a  big,  warm  heart,  a  generous,  liberal  na 
ture,  doing  things  on  a  scale  without  measure  or 
precedent,  he  was  a  husband  than  whom  a  wife 
never  had  one  more  loyal  and  devoted;  a  friend 
which  made  the  relations  between  him  and  A. 


18          Civil  History  of  the  Government 

H.  Stephens  as  pure  and  self-sacrificing  as  those 
between  David  and  Jonathan;  a  patriot,  never 
stopping  to  count  cost  nor  to  throw  self-aggran 
dizement  in  the  scale  against  country;  a  lawyer 
giving  to  clients  zeal,  industry,  learning,  every 
thing  except  honor;  a  statesman  versed  in  diplo 
macy,  jurisprudence  and  politics,  pushing  his 
ideas  beyond  what  timid  caution  prescribed  into 
any  field  where  genius  bade  him  go ;  and  an  ora 
tor  swaying  multitudes  as  the  storm  swept  the 
forest,  and  holding  grave  senators  breathless 
under  his  exposition  of  dangers  and  remedies. 
I  recall  an  incident  in  a  secret  session  of 
the  Provisional  Congress,  held  in  the  hall  of 
the  House  of  Deputies  in  the  Capitol  at  Rich 
mond,  when  the  success  of  the  Confederacy  was 
under  consideration  and  foreign  succor,  finan 
cial  schemes  and  other  expedients  were  under 
discussion.  After  a  warm  debate,  Toombs  took 
the  floor,  and  in  less  than  an  hour,  in  a  style 
dashing,  free,  incisive,  delivered  a  powerful 
speech  on  our  available  means  of  safety.  Every 
deputy  sat  with  concentrated  and  rapt  attention, 
amazed  at  the  extraordinary  ability  of  the  man 


of  the  Confederate  States.  19 

and  surprised  and  delighted  at  the  seemingly 
wise  and  adequate  scheme  which  was  presented. 
When  he  closed  there  was  almost  painful  silence 
for  a  considerable  time,  and  then  Robert  H. 
Smith,  of  Mobile,  arose  and  said:  "  Mr.  Presi 
dent,  if  the  gentleman  from  Georgia  does  not 
bring  in  bills  to  carry  out  what  he  has  suggested 
he  is  a  worse  traitor  than  Benedict  Arnold." 
The  idea  of  Mr.  Smith  was  that  no  one  compre 
hended  the  situation  as  did  Toombs,  and  on  no 
other  person  did  the  obligation  rest  as  heavily 
for  devising  and  framing  the  adequate  legisla 
tion.  Nothing  more  was  heard  of  the  scheme. 
In  conversation  Toombs  was  fascinating  and 
bright,  more  suggestive  and  interesting  than 
any  one  I  ever  heard,  except  Calhoun,*  of  whom 

*  I  recall  vividly  an  interview  just  before  Folk's  in 
auguration,  in  Brown's  Hotel,  now  the  Metropolitan, 
between  Calhoun  and  Mike  Walsh.  Alike  thoroughly 
honest,  no  two  men  could  have  been  more  unlike, 
physically,  socially,  mentally.  Walsh  was  a  radical,  a 
"subterranean"  politician  from  New  York  city;  Cal 
houn  was  a  profound  and  philosophical  statesman, 
with  a  trained  intellect,  and  his  mental  characteristic 
was  a  tenacious  grasp  of  abstract  principle,  with  a 
tendency  to  metaphysical  subtlety.  A  number  of 


20         Civil  History  of  the  Government 

many  would  say  as  Fox  said  of  Burke:  "He  is 
a  wonderfully  wise  man,  but  he  is  wise  too  soon." 
He  was  bold,  imperious,  dogmatic,  epigrammatic, 
throwing  out  great  nuggets  of  thought,  which 
weaker  men  would  hammer  into  essays  and 
speeches.  In  hotels,  at  receptions,  in  places 
where  choicest  spirits  would  gather,  he  was  the 
centre  of  attraction,  and  young  and  old  were 
alike  enchanted  by  his  original  utterances,  strik 
ing  as  apothegms  or  proverbs.  Abroad,  in  Lon 
don  and  Paris,  Carlyle,  Napoleon  and  leading 
members  of  Parliament  and  the  National  As 
sembly,  of  the  Bourse  and  the  Bank,  were  learn 
ers  from  his  experience  and  wisdom.  During 
the  war  it  was  considered  expedient  by  some  that 

visitors  were  assembled  in  the  parlor,  but  for  half  an 
hour  or  more  only  these  two  men  shared  in  the  con 
versation.  Calhoun  talked  of  the  Albany  regency,  of 
the  defalcations  in  the  New  York  Custom  House,  of 
the  infamous  spoils  system  with  its  necessary  corrup 
tions,  and  of  the  ways,  dark  and  crooked,  by  which 
Van  Buren  won  office.  Neither  Calhoun  nor  Toombs, 
in  strict  sense,  was  a  converser,  eliciting  interchange 
of  opinions,  keeping  up  a  battledore  of  ideas,  but  each 
rather  indulged  in  monologue,  saying  nearly  all  that 
was  said,  but  in  a  most  instructive  and  delightful  man 
ner. 


of  the  Confederate  States.  21 

the  fanners  should  plant  provision  crops  instead 
of  cotton.  Toonibs  incurred  odium  by  insisting 
upon  raising  upon  his  own  plantation  nearly  full 
crops  of  cotton.  To  a  committee  censuring  him 
for  his  course  on  this  matter,  he  replied:  "My 
property,  as  long  as  I  live,  shall  never  be  sub 
ject  to  the  orders  of  these  cowardly  miscreants, 
the  committees  of  public  safety  of  Randolph 
county  and  Eufaula.  You  rob  me  in  my  ab 
sence,  but  you  cannot  intimidate  me." 

An  interesting  conversation  between  Sena 
tor  Toombs  and  Senator  Simmons,  of  Rhode 
Island,  about  1858,  may  be  remembered  by 
some  who  were  in  Congress  at  that  time.  The 
discussion  foreshadowed  what  may  be  found  in 
Vebleu's  "Theory  of  the  Leisured  Class,  an 
Economic  Study  in  the  Evolution  of  Institu 
tions."  Much  of  what  the  author  says  about 
the  dependent  class  and  the  independent  class, 
for  which  he  invents  such  expressive  epithets  as 
"humilific"  and  "honorific,"  is  almost  a  literal 
reproduction,  as  it  is  a  repetition,  of  the  ideas 
and  original  utterances  of  Toombs.  Those  who 
were  intimate  with  the  Georgia  Senator  of  those 


22         Civil  History  of  the  Government 

early  days  cannot  fail  to  remember  how  often 
and  vigorously  he  vindicated  Southern  society, 
and  insisted  that  the  independent  leisure  class 
constituted  the  fittest,  the  socially  best,  the  aris 
tocracy. 

On  taking  leave  of  the  Senate  he  specified  the 
grievances  of  the  South,  and  named  the  condi 
tions  upon  which  the  States  would  stay  in  the 
Union:  The  discontented  States  had  demanded 
no  new  Constitution,  no  new  government,  noth 
ing  but  clear,  constitutional  rights,  rights  older 
than  the  Constitution.  As  the  party  coming 
into  power  had  declared  the  Southern  States 
outlaws,  had  refused  to  protect  them  from  inva 
sion  and  insurrection  by  the  Federal  power, 
these  States  demanded:  "First,  that  the  people 
of  the  United  States  shall  have  an  equal  right 
to  immigrate  and  settle  in  the  territories  with 
whatever  property  (including  slaves)  they  may 
possess.  Second,  that  property  in  slaves  shall 
be  entitled  to  the  same  protection  from  the  gov 
ernment  as  any  other  property  (leaving  the  State 
the  right  to  prohibit,  protect  or  abolish  slavery 
within  its  limits).  Third,  that  persons  commit- 


of  the  Confederate  States.  23 

ting  crimes  against  slave  property  in  one  State 
and  flying  to  another,  shall  be  given  up.  Fourth, 
that  fugitive  slaves  shall  be  surrendered.  Fifth, 
that  Congress  shall  pass  laws  for  the  punishment 
of  all  persons  who  shall  aid  and  abet  invasion 
or  insurrection  in  any  other  State." 

South  Carolina  made  an  official  declaration 
of  the  causes  which  in  her  judgment  justified 
secession.  "A  geographical  line  has  been  drawn 
across  the  Union,  and  all  the  States  north  of 
that  line  have  united  in  the  election  of  a  man 
to  the  high  office  of  President  of  the  United 
States,  whose  opinions  and  purposes  are  hostile 
to  slavery.  He  is  to  be  entrusted  with  the  ad 
ministration  of  the  common  government,  b< 
cause  he  has  declared  that  the  government  can 
not  endure  permanently  half  slave  and  half  free, 
and  that  the  public  mind  must  rest  in  the  belief 
that  slavery  is  in  the  course  of  ultimate  extinc 
tion.'' 

The  address  of  the  convention  of  the  people 
of  Georgia,  written  by  Mr.  Toombs,  recited 
that  "  our  people  are  still  attached  to  the 
Union  from  habit,  national  tradition,  and  aver- 


24         Civil  History  of  the  Government 

sion  to  change."  It  referred  to  our  Northern 
confederates  who  had  deliberately  forced  the 
issue  that  had  been  deliberately  accepted  by  the 
South.  "We  refuse  to  submit  to  the  verdict  of 
the  North,  and  in  vindication  we  offer  the  Con 
stitution  of  our  country.  The  people  of  Georgia 
have  always  been  willing  to  stand  by  this  com 
pact."  The  address  further  charged  that  the 
North  had  "outlawed  three  thousand  millions  of 
property  of  the  South,  put  it  under  a  ban,  and 
would  subject  us,  not  only  to  a  loss  of  our  pro 
perty,  but  to  destruction  of  our  homes  and  fire 
sides.  To  avoid  these  evils  we  withdraw  the 
powers  that  our  fathers  delegated  to  the  Govern 
ment  of  the  United  States,  and  henceforth  seek 
new  safeguards  for  our  liberty,  security  and 
tranquillity."  President  Davis,  to  a  self-con 
stituted  umpire  visiting  him  in  Richmond,  said: 
"We  are  not  fighting  for  slavery;  we  are  fighting 
for  independence.  The  war  will  go  on  unless  you 
acknowledge  our  right  to  self-government/'* 
It  is  almost  impossible  for  any  one  at  the 


*4  Ehodes'  History  of  United  States,  575. 


of  the  Confederate  States.  25 

present  time  to  realize,  to  enter  into  the  spirit  of, 
or  to  share,  the  feelings  and  convictions  of  the 
people  of  the  South  in  1860  in  reference  to  the 
legality  or  rightfulness  of  property  in  slaves.  A 
revolution,  the  sequence  of  the  bloodiest  and 
most  eventful  war  of  modern  times,  produced 
the  emancipation  and  citizenship  of  millions  of 
slaves,  the  sudden  extinguishment  of  all  rights 
of  property  in  them — rights  which  had  been 
recognized  in  all  nations  for  many  centuries — 
and  the  overthrow  of  secession  as  a  reserved 
right  of  a  sovereign  State.  Such  a  complete  and 
radical  transformation  has  occurred  in  our  Con 
stitution,  in  laws,  in  social  institutions,  in  or 
ganized  labor,  in  party  shibboleths,  in  schools, 
in  public  opinion,  in  literature,  that  one  might 
as  well  strive  to  transport  himself  to  the  ante 
diluvian  period  as  to  assume  the  thoughts  and 
sympathies  and  manners  of  the  period  of  1860. 
It  would  be  as  easy  for  a  Trench  Liberal  of 
to-day  to  make  himself  a  monarchist  of  the  time 
of  Louis  XIV.,  or  for  an  English  or  German 
Protestant  to  accept  and  adopt  the  creed  and 
ritual  and  policy  of  the  Roman  Catholic  Church 


26         Civil  History  of  the  Government 

of  the  time  of  Leo  X.,  as  for  an  American  citi 
zen  to  recognize  and  vindicate  what  the  Consti 
tution  guaranteed  as  to  slavery  in  1860.  Neither 
Constitution,  nor  law,  nor  the  practice  of  cen 
turies,  can  be  appealed  to  in  support  of  what 
present  opinion  approves.  Such  a  writer  as 
Yon  Hoist,  with  present  views  and  German  pre 
judices,  is  incapable  of  passing  an  impartial  judg 
ment  on  actions  of  Southern  States  and  states 
men,  because  slavery  is  to  him,  semper  et  ubique, 
a  sin  and  a  crime,  and  all  Americans  or  English 
who  assent  to  or  defend  the  institution  are 
criminals.  Still,  it  is  obvious  that  no  justice 
can  be  done  to  the  people  of  the  South  if  the 
acts  of  1861-1865  are  to  be  interpreted  by  the 
standard  of  1900.*  In  the  interpretation  of  an- 

*  "The  matter  of  slavery,  so  called,  which  was  the 
proximate  cause  of  these  irregular  movements  on  both 
sides,  and  which  ended  in  the  general  collision  of  war, 
was  of  infinitely  less  importance  to  the  seceding  States 
than  the  recognition  of  the  great  principle  of  consti 
tutional  liberty.  There  was  with  us  no  such  thing  as 
slavery  in  the  true  and  proper  sense  of  that  word. 
No  people  ever  lived  more  devoted  to  the  principles  of 
liberty,  secured  by  free  democratic  institutions,  than 
were  the  people  of  the  South.  None  had  ever  given 


of  the  Confederate  States.  27 

cient  documents,  even  of  the  Scriptures,  the 
critic  should  not  be  preoccupied  by  assumptions, 
nor  prejudge  questions  and  interests  of  a  former 
period,  nor  be  bereft  of  an  apprehensive  sympa 
thy  with  the  environments  of  those  whose  con 
duct  and  opinions  are  criticised.  The  impartial 
critic  or  historian  must  learn  to  aput  himself  in 

stronger  proofs  of  this  than  they  had  done.  What 
was  called  slavery  amongst  us  was  but  a  legal  subor 
dination  of  the  African  to  the  Caucasian  race.  This 
relation  was  so  regulated  by  law  as  to  promote,  ac 
cording  to  the  intent  and  design  of  the  system,  the  best 
interests  of  both  races,  the  black  as  well  as  the  white, 
the  inferior  as  well  as  the  superior.  Both  had  rights 
secured  and  both  had  duties  imposed.  It  was  a  sys 
tem  of  reciprocal  service  and  mutual  bonds.  But  even 
the  two  thousand  million  dollars  invested  in  the  rela 
tions  thus  established  between  private  capital  and  the 
labor  of  this  class  of  population,  under  the  system, 
was  but  as  the  dust  in  the  balance,  compared  with  the 
vital  attributes  of  the  rights  of  Independence  and  Sov 
ereignty  on  the  part  of  the  several  States." — Stephens, 
War  Between  the  States,  539. 

Amos,  in  Science  of  Politics,  p.  139,  says:  "In  the  be 
ginning  of  this  century  in  America,  slavery  was  treated 
as  a  necessary  and  invariable  concomitant  sentiment  of 
all  political  society,  or  of  political  society  in  certain 
parts  of  the  world.  Mere  lapse  of  time,  changes  in 
ethical  sentiment  and  the  shock  of  events  have  rendered 
this  mode  of  thought  at  the  present  day  an  anach 
ronism." 


28          Civil  History  of  the  Government 

his  place"  and  cling  less  dogmatically  to  the 
present  if  he  would  accurately  and  justly  por 
tray  the  past. 

Other  and  more  general  causes  lay  at  the 
root  of  the  movement  for  withdrawal.  The  one 
chief  and  great  evil,  resisted  and  dreaded,  was 
the  persistent  overthrow  of  the  written  Consti 
tution,  the  government  being  no  longer  a  gov 
ernment  of  confederated  republics,  but  a  con 
solidated  democracy.  The  object  in  quitting 
the  Union  was  not  to  destroy,  but  to  save  the 
principles  of  the  Constitution.  The  South  being 
in  a  minority,  besides  unfair  treatment  of  the 
slavery  question,  suffered  from  sectional  legis 
lation  and  a  common  disregard  of  checks  in 
tended  to  safeguard  interests  and  rights.  The 
South  was  taxed  by  duties  on  imports  and  by 
sectional  expenditures  to  her  injury  and  to  the 
prosperity  of  the  dominant  section.  The 
stronger  section  naturally  struggles  to  maintain 
the  superiority  and  inequality  acquired,  the 
weaker  to  throw  off  or  diminish  its  burden. 
Where  one  section  receives  back  less  than  it  has 
paid  into  the  treasury  and  the  other  more  than 


of  the  Confederate  States.  29 

it  has  paid,  then  to  the  former  it  is  a  loss;  to  the 
latter,  a  gain.  A  system  which  produces  these 
effects  operates  as  a  contribution  from  the  sec 
tion  receiving  less  than  it  paid  to  the  other  that 
receives  more  than  it  paid.  As  Mr.  Calhoun 
demonstrated,  "the  system,  if  continued,  must 
end  not  only  in  subjecting  the  industry  and  pro 
perty  of  the  weaker  section  to  the  control  of  the 
stronger,  but  in  proscription  and  political  dis- 
franchisement.  It  must  finally  control  elections 
and  appointment  to  offices  as  well  as  acts  of 
legislation." 

The  Southern  States  from  the  beginning  of 
the  government  had  striven  to  keep  it  within 
the  orbit  prescribed  by  the  Constitution  and 
failed.  It  was  apparent  that  the  majority,  hav 
ing  construed  away  all  restraining  limitations, 
would,  by  construction  and  usurpation,  annihi 
late  the  sovereignty  of  the  States  and  carry  out 
the  sectional  and  selfish  purposes  for  which  the 
Constitution  had  been  abrogated.  Conflict  and 
supremacy  being  inevitable  under  the  new 
theory,  the  weaker  section  could  find  peace  and 
liberty  only  in  independence. 


30         Civil  History  of  the  Government 

It  may  be  affirmed  that  the  fears,  the  appre 
hensions,  the  predictions  of  those  who  favored 
secession  have  been  more  than  realized.  A  few 
instances,  drawn  exclusively  from  the  writings 
of  Northern  men,  are  sufficient  proofs.  A  pro 
fessor  of  law  in  a  New  England  university  cites 
among  the  evidences  of  assumption  of  power  by 
the  President  and  by  Congress,  "that  great  hum 
bug,  the  Emancipation  Proclamation,  which  Mr. 
Lincoln  at  the  time  compared  to  the  Pope's  bull 
against  the  comet,"  and  of  which  Mr.  Thaddeus 
Stevens,  chairman  of  the  Committee  of  Ways 
and  Means  and  leader  of  his  party,  said,  "that  no 
thoughtful  man  ever  supposed  that  it  liberated 
a  single  slave."  Not  only  Prof.  Parker  and  Mr. 
Rhodes  characterize  this  assumption  of  authority 
as  the  act  of  "an  absolute,  irresponsible  mon 
arch,"  but  Justice  Curtis,  who  dissented  from 
the  Dred  Scott  decision,  also  said  the  President 
had  no  constitutional  right  to  issue  the  Edict  of 
Freedom.  Stevens,  on  the  floor  of  Congress,  de 
clared  that  the  Union  should  not  with  his  con 
sent  be  restored  under  the  Constitution  as  it  was. 
Also,  "War  abrogates  all  contracts.  We  are 


of  the  Confederate  States.  31 

now  governed  by  the  laws  of  war  and  the  laws 
of  nations  alone."  An  ex-governor  of  Massa 
chusetts  declared  the  three  kinds  of  power  to  be 
"judicial,  democratic  and  despotic."*  By  a  pres 
idential  proclamation,  martial  law  was  declared 
and  the  habeas  corpus  was  suspended  over  the 
whole  United  States,  without  regard  to  the  ex 
istence  of  active  military  hostilities  in  particu 
lar  localities. 

The  friends  of  the  President,  however,  did 
not  regard  this  as  a  rightful  exercise  of  execu 
tive  power,  for  Congress  afterwards  authorized 
the  President  to  suspend,  and  then  endeavored 
by  strained  inference  to  concentrate  the  power 
upon  itself.  Functions  belonging  to  the  judi 
ciary  were  transferred  to  military  tribunals,  and 
citizens  not  connected  with  the  army  were  tried 
by  military  commissions.  Property  was  confis 
cated  without  trial  or  conviction,  and  citizens 
were  created  by  the  wholesale.  Two  days  after 
the  Edict  of  Emancipation,  President  Lincoln 
gave  the  authority  of  an  executive  decree  to 

*  2  Winthrop's  Address,  630-633. 


32          Civil  History  of  the  Government 

Stanton's  arbitrary  orders,  created  the  new  of 
fences  of  any  disloyal  practice,  of  discouraging 
enlistments,  and  ordered  that  such  offenders,  and 
those  who  afforded  aid  and  comfort  to  the  rebels, 
should  be  subject  to  martial  law  and  liable  to 
trial  and  punishment  by  court-martial  and  mili 
tary  commissions,  without  privilege  of  habeas 
corpus.*  Senator  Hoar,  in  the  Senate  the  2d 
of  June,  1900,  said:  "  The  courts-martial  during 
the  Civil  War  were  a  scandal  to  the  civilized 
world." 

These  excesses  of  tyranny  did  not  cease  with 
the  war.  In  the  midst  of  profound  and  estab 
lished  peace,  when  there  was  not  a  soldier  in 
arms  against  the  government,  fortresses  were 
crowded  with  civilians  without  warrant  or  form 
of  law,  and  a  distinguished  citizen  was  impris 
oned  and  manacled  and  subjected  to  the  es 
pionage  of  incessant  gazing  and  to  indignities 
worse  than  St.  Helena  or  Olmutz  or  the  Bas 
tille.  As  the  victim  was  wasted  by  disease  and 

*4  Rhodes,  104. 


of  the  Confederate  States.  33 

harmless,  the  fetters  and  watching  were  not  so 
much  a  victory  as  a  vengeance. 

The  contradictory  action  in  reference  to  the 
seceded  States  partook  of  farce  and  tragedy. 
The  States  were  treated  sometimes  as  in,  some 
times  as  out,  of  the  Union;  sometimes  as  con 
quered  territories,  sometimes  as  States;  some 
times  as  entitled  to  representation,  sometimes 
not;  sometimes  as  inchoate  States  forced  to  rat 
ify  amendments,  and  then  were  refused  the  exer 
cise  of  their  rights  and  privileges.  The  series 
of  reconstruction  measures,  in  bald  usurpation, 
in  mad  tyranny,  in  the  essence  of  diabolism,  in 
the  deliberate  purpose  to  give  supremacy  to  ne 
groes  in  some  States  (as  South  Carolina,  Missis 
sippi  and  Louisiana,  where  by  the  census  they 
had  the  majority  in  population),  and  to  Repub 
licans  in  all,  has  no  parallel  in  the  annals  of  the 
Borgias  and  the  Caesars.  The  effort  was  made, 
and  it  succeeded,  to  force  upon  States  a  radical 
change  of  institutions  in  relation  to  matters 
which  had  been  exclusively  within  the  control 
of  the  States,  and  over  which  the  government 

5 


34         Civil  History  of  the  Government 

of  the  United  States  had  no  control,  and  could 
have  none  except  by  usurpation.* 

South  Carolina  did  not  desire  to  take  the  lead 
of  her  sister  States,  but  being  in  session  for  the 
purpose  of  appointing  presidential  electors,  she 
felt  first  the  blow  inflicted  by  the  election  of 
an  enemy  to  Southern  institutions,  and  called  a 
convention  to  take  the  proper  steps  to  save  the 
Commonwealth.  On  December  17,  1860,  the 
convention  assembled  in  Columbia.  It  was  a 
body  of  men  of  large  experience  and  ability,  of 

*  See  Professor  Parker's  Three  Powers  of  Govern 
ment,  pages  14,  15,  18,  21,  25,  26,  63,  64,  and  92. 

The  Hon.  Caleb  Gushing,  in  reply  to  an  invitation 
from  his  fellow-citizens  of  Newburyport,  in  1860,  to 
address  them  on  the  State  of  the  Union,  said:  "So 
long  as  the  State  of  Massachusetts  perseveres  in  this 
nullification  of  the  Constitution,  she  affords,  not  a 
pretext  only,  but  a  justificatory  cause  to  the  State  of 
South  Carolina,  to  that  of  Georgia,  Alabama,  Missis 
sippi,  or  any  other  State  otherwise  disposed  to  secede; 
for  the  violation  of  the  fundamental  compact  of  asso 
ciation  by  one  of  the  contracting  parties  serves,  in 
morality  as  well  as  law,  to  release  the  others;  and  the 
unconstitutional  and  dishonorable  attitude  of  the 
State  in  this  matter  is  not  less  mischievous  in  another 
respect — to  wit,  its  obvious  tendency  to  paralyze  the 
conservative  efforts  of  other  Southern  States  not  yet 


of  the  Confederate  States.  35 

congressmen,  judges,  lawyers,  professors,  preach 
ers  and  farmers.  On  the  20th  the  convention 
by  unanimous  vote  solemnly  declared  and  or 
dained  that  the  ordinance  adopted  in  convention 
May  23,  1788,  whereby  the  Constitution  of  the 
United  States  was  ratified,  and  all  acts  of  the 
General  Assembly  ratifying  amendments  of  said 
Constitution  were  repealed,  and  that  "the  Union, 
subsisting  between  South  Carolina  and  other 
States  under  the  name  of  the  United  States  of 

prepared  to  secede,  such  as  Maryland,  Virginia,  North 
Carolina,  Kentucky  and  Tennessee.  I  think  there  is 
a  duty  in  this  behalf  which  it  is  incumbent  on  Massa 
chusetts  and  every  loyal  citizen  of  the  State  to  per 
form;  one  which  it  is  never  too  early  to  enter  upon 
and  never  too  late  to  persist  in,  and  which  it  is  pecu 
liarly  fitting  for  us  to  undertake  now — namely,  to  re 
peal  unconditionally  these  laws,  which  are  scanda 
lously  false  in  their  profession  of  purpose,  which  are 
tyrannical  in  their  domestic  and  treasonable  in  their 
Federal  relation,  and  which  misrepresent  the  spirit 
and  disgrace  the  legislation  of  our  Commonwealth.  As 
this  is  the  duty  of  all,  it  is  the  duty  of  every  one,  and, 
therefore,  it  will  give  me  pleasure  to  speak  on  the  sub 
ject,  to  expose  the  gravity  of  the  situation;  to  demon 
strate  our  obligation  regarding  it,  and  to  participate 
with  you  in  the  initiation  of  measures  for  the  wiping 
out  of  this  foul  blot  from  the  escutcheon  of  the  State 
of  Massachusetts." 


36         Civil  History  of  the  Government 

America,  is  hereby  dissolved."  After  the  ordi 
nance  was  engrossed  and  enrolled  with  the  great 
seal  of  the  State  attached,  the  president  of  the 
convention  proclaimed  South  Carolina  an  inde 
pendent  Commonwealth.  The  vote  on  the  ordi 
nance  was  telegraphed  to  the  members  of  Con 
gress  in  Washington.  It  was  at  once  made 
known,  and  in  a  few  minutes  every  member  of 
the  House,  of  which  I  was  then  a  member, 
learned  of  the  great  event.  Business  went  on 
without  interruption.  Some  contemptuous  ex 
pressions  and  sneers  were  visible  and  audible  on 
the  Republican  side,  especially  from  one  repre 
sentative,  who  later  said:  "There  is  an  eternal 
antagonism  that  must  be  settled,  and  we  may 
as  well  have  it  settled  now  as  at  any  other  time." 
In  ordaining  separation  from  the  Federal 
Union,  the  State  acted  alone,  without  waiting 
for  cooperative  action,  but  expressing  an  earn 
est  desire  for,  and  most  cordially  inviting,  the 
formation  of  a  Southern  Confederacy.  Com 
missioners  were  appointed  to  the  several  South 
ern  States,  inviting  their  cooperation,  and  depu 
ties  were  elected  to  meet  those  from  other  States 


of  the  Confederate  States.  37 

which  might  secede,  for  the  purpose  of  forming 
at  an  early  period  a  provisional  government  and 
to  consider  and  propose  a  constitution  and  plan 
for  a  permanent  government. 

Florida  and  Mississippi,  the  latter  on  the  9th 
of  January,  soon  followed  the  example  of  South 
Carolina.  On  January  11,  1861,  Alabama  in 
convention  withdrew  from  the  Union,  declaring 
herself  a  sovereign  and  independent  State.  By 
the  same  ordinance,  the  people  of  the  Southern 
States  were  invited  to  send  delegates  to  meet 
in  convention  in  the  city  of  Montgomery  on 
February  6,  1861,  for  the  purpose  of  "consult 
ing  as  to  the  most  effectual  mode  of  securing 
concerted  and  harmonious  action  in  whatever 
measures  may  be  deemed  most  desirable  for  the 
common  peace  and  security."  An  appropriation 
of  $500,000  was  voted  for  the  Confederacy 
when  formed.  The  secession  of  Georgia  and 
Louisiana  was  not  long  delayed.  It  was 
affirmed  that  "the  question  of  slavery  moved 
not  the  people  of  Georgia  half  as  much  as  the 
fact  that  their  rights  as  a  community  were  in 
sulted.  There  are  thousands  and  tens  of  thou- 


38         Civil  History  of  the  Government 

sands  of  people  in  Georgia  who  do  not  own 
slaves.  A  very  large  portion  of  the  people  own 
none  of  them."  The  address  previously  quoted 
from  concludes:  "To  avoid  these  evils  we  with 
draw  the  powers  that  our  fathers  delegated  to 
the  Government  of  the  United  States,  and  hence 
forth  seek  new  safeguards  for  our  liberty,  se 
curity  and  happiness." 

In  seceding  from  the  Union  to  which,  in  the 
language  of  Washington  and  Jefferson,  each 
had  acceded  as  a  sovereign  State,  the  States  by  a 
very  simple  and  orderly  process  repealed  the  or 
dinances  by  which  the  Constitution  was  ratified 
and  agreed  to,  and  by  which  each  State  became 
a  party  to  the  compact.  Thus  the  State  de 
clared  herself  bound  no  longer  by  that  compact 
and  dissolved  her  alliance  with  the  other  parties 
to  it.  South  Carolina,  Georgia  and  other  States 
sustained  the  same  relation  to  the  Federal  Gov 
ernment  and  the  States  remaining  in  the  Union, 
that  Rhode  Island  and  North  Carolina  did  be 
fore  they  ratified  the  Constitution  and  became 
members  of  the  Union.  Not  unfrequently  one 
hears  in  speeches,  or  reads  in  pretentious  trea- 


of  the  Confederate  States.  39 

tises,  full  of  vulnerable  logic  and  superficial  his 
tory,  that  secession  was  not  a  justifiable  remedy, 
because  the  Constitution  grants  no  such  right  to 
a  State. 

What  is  politic  or  expedient  may  be  entirely 
different  from  what  is  legally  right.  The  right 
of  a  mode  of  redress  is  one  thing;  its  wisdom  or 
expediency,  quite  another.  One  has  the  vaguest 
idea  of  the  nature  and  character  of  our  Federal 
Government,  of  its  vital  and  fundamental  prin 
ciples,  who  searches  the  Constitution  for  the 
rights  of  the  States,  or  limits  those  rights  to 
what  may  be  found  among  delegated  powers. 
Secession,  or  the  right  to  resume  delegated  pow 
ers,  or  withdraw  from  the  Federal  republic,  did 
not  come  from  the  Constitution,  but  from  State 
sovereignty.  Such  fallacies  spring  from  an  en 
tire  misapprehension  of  the  nature  of  our  Fed 
eral  Government  and  of  its  origin.  Historical 
facts,  which  no  one  of  intelligence  or  candor  can 
deny,  show  that  the  Government  of  the  United 
States  was  Federal  in  its  origin  and  in  the  com 
mon  bond. 

From     the     Declaration     of     Independence 


40         Civil  History  of  the  Government 

sprung  thirteen  separate  and  distinct  repul>- 
lics,  and  these  set  up  a  great  Federal  republic, 
whose  constituents  were  thirteen  distinct,  sov 
ereign  States.  "In  that  character  they  formed 
the  old  Confederation,  and  when  it  was  pro 
posed  to  supersede  the  Articles  of  the  Confed 
eration  by  the  present  Constitution,  they  met  in 
convention  as  States,  acted  and  voted  as  States, 
and  the  Constitution,  when  formed,  was  sub 
mitted  for  ratification  to  the  people  of  the  sev 
eral  States.  It  was  ratified  by  them  as  States, 
each  State  for  itself;  each  by  its  ratification 
binding  its  own  citizens;  the  parts  thus  sepa 
rately  binding  themselves,  and  not  the  whole 
the  parts;  and  it  is  declared  in  the  preamble  of 
the  Constitution  to  be  ordained  by  the  people 
of  the  United  States,  and  in  the  Article  of  Kati- 
fication,  when  ratified,  to  be  binding  between  the 
States  so  ratifying.  The  conclusion  is  inevita 
ble  that  the  Constitution  is  the  work  of  the  peo 
ple  of  the  States,  considered  as  separate  and  in 
dependent  political  communities;  that  they  are 
its  authors — their  power  created  it,  their  voice 
clothed  it  with  authority;  that  the  government 


of  the  Confederate  States.  41 

formed  is  in  reality  their  agent;  and  that  the 
Union,  of  which  the  Constitution  is  the  bond, 
is  a  union  of  States  and  not  of  individuals."* 

The  Constitution  closes  in  Article  VII.  with 
this  significant  declaration :  "  Done  in  Conven 
tion  by  the  Unanimous  Consent  of  the  States 
present.  .  .  In  Witness  whereof  We 

have  hereunto  subscribed  our  Names."  Then 
follow  the  names  of  "  Geo.  Washington,  Presdt 
and  deputy  from  Virginia/'  and  the  names  of 
the  deputies  from  other  States. 

*6  Calhoun'a  Works,  147-148. 


4:2         Civil  History  of  the  Government 


CHAPTER    II. 

ORGANIZATION  OF  THE  GOVERNMENT — HOWELL  COBB— 
PROVISIONAL  CONSTITUTION — ELECTION  OF  PRESI 
DENT  AND  VICE-PRESIDENT — A.  H.  STEPHENS — 
INITIATORY  LEGISLATION — SELECTION  OF  CABINET. 

The  Convention  of  Deputies  from  six  States 
met  in  Montgomery,  in  the  State  Capitol,  on 
February  4,  1861.  Each  of  these  States  had, 
of  necessity,  seceded  separately  in  reclaiming  its 
original  sovereignty,  but  with  the  expectation 
and  purpose  of  forming  a  new  and  closer  bond 
of  union  with  sympathizing  sisters,  thus  ensur 
ing  domestic  tranquillity  and  securing  the  bless 
ings  of  liberty  to  themselves  and  their  posterity. 
Their  object  was  pacific  and  protective,  and  in 
no  sense  or  manner  to  interfere  with  any  right 
or  privilege  of  the  North.  One  recalls  how 
quiet,  orderly,  dignified,  with  a  deep  sense  of 
responsibility,  was  the  assemblage.  There  were 
no  array  of  armed  battalions,  no  glittering  uni 
forms,  no  blare  of  trumpets,  no  military 


of  the  Confederate  States.  43 

ments,  no  offensive  display  of  appeals  to  passion 
or  pride.  Men  not  unknown  in  Federal  and  State 
councils  came  together,  not  as  conspirators,  or 
anarchists,  or  disturbers  of  the  peace,  or  ag 
gressive  violators  of  law,  but  as  accredited  rep 
resentatives  of  sovereign  States.  Of  necessity 
prompt  action  was  demanded  for  concert  and 
strength.  The  proceedings  were  deliberate,  con 
servative,  in  accordance  with  established  parlia 
mentary  precedents,  and  with  what  had  been 
consistently  and  uninterruptedly  claimed  from 
the  origin  of  the  Federal  Union.  The  Provis 
ional  Congress  was  composed  of  men  seriously 
and  assiduously  seeking  the  public  weal  and  the 
discharge  of  solemn  obligations.  The  discus 
sions,  mainly  in  secret  session,  were  able  and 
instructive,  and  in  the  most  friendly  and  pa 
triotic  spirit.  While  many  participated  in  de 
bates  and  all  were  actuated  by  an  unselfish  pur 
pose,  it  is  not  invidious  to  mention  Stephens, 
Toombs,  Howell  Cobb,  Hill,  T.  E.  E.  Cobb, 
Ehett,  Memminger,  Smith,  Walker,  Harris, 
Campbell  and  Conrad,  as  among  the  chiefest 
contributors  to  the  work  of  framing  the  consti- 


44         Civil  History  of  the  Government 

tutions.  In  addition  to  these  and  recognized  for 
wisdom  and  experience  should  be  mentioned 
Barnwell,  Withers,  Nisbet,  Chilton,  Harrison, 
Kenner,  and  others. 

The  Congress  and  the  cause  brought  to  Mont 
gomery  a  large  number  of  interested  visitors, 
many  of  whom  were  women  of  culture  and  re 
finement  and  gushing  patriotism.  The  Capitol 
was  crowded  every  day  with  persons  watching 
the  proceedings  with  anxiety  and  subdued  earn 
estness,  and  sharing  with  joy  in  everything  that 
promised  a  peaceful  and  successful  issue  of  the 
novel  experiment.  An  illustrative  incident  may 
be  pardoned.  Years  preceding  1861  there  oc 
curred  in  Tennessee  a  controversy  and  collision 
between  two  young  lawyers,  Anderson  and  Taul, 
which  resulted  in  the  death  of  the  latter.  The 
fatal  dispute,  with  tragic  termination,  created 
an  inextinguishable  hostility  between  the  two 
families.  One  day  Mrs.  Bradford,  a  friend  and 
constituent  of  mine,  was  sitting  on  a  sofa  in  the 
lobby,  in  conversation  with  Governor  Morton, 
of  Florida,  and  myself.  After  awhile  the  Gov 
ernor  arose  and  asked  permission  to  introduce  a 


of  the  Confederate  States.  45 

colleague.  Consent  being  given,  he  withdrew 
to  the  chamber,  separated  from  us  only  by  an 
iron  chain  between  the  columns.  I  was  as 
tounded  to  see  him  returning  with  Colonel  Pat- 
ton  Anderson,  the  brother  of  the  man  who  had 
killed  Taul.  Familiar  from  many  recitals  with 
the  sad  occurrence,  I  could  not  imagine  how  the 
matter  would  end,  but  the  Governor,  ignorant 
of  the  antecedents,  said:  "Mrs.  Bradford,  I 
have  pleasure  in  presenting  my  friend  and  col 
league,  Colonel  Anderson."  The  lady,  small  of 
stature,  drawing  herself  up  to  fullest  height  and 
with  her  large,  brown  eyes  looking  Anderson 
square  in  the  face,  said:  "I  am  the  sister  of 
Thomas  Taul."  Anderson,  with  utmost  calm 
ness  and  chivalrous  courtesy,  replied:  "I  am 
aware  of  it,  Mrs.  Bradford,  and  no  one  can  re 
gret  more  than  I  that  unfortunate  affair.  We 
are  entering  upon  a  struggle  the  end  of  which 
the  wisest  cannot  foresee.  It  will  require  the 
united  strength  and  wisdom  of  every  man  and 
woman  in  the  Confederacy.  I  should  greatly 
prefer,  if  you  are  willing,  to  let  by-gones  be  by 
gones."  The  little  woman,  with  a  nobility  that 


46         Civil  History  of  the  Government 

elevates  the  whole  sex,  extended  her  hand,  and 
the  two  sat  down  and  talked,  without  a  shade  of 
ill  feeling,  upon  the  events  of  the  hour. 

Howell  Cobb  was,  on  motion  of  E.  Barnwell 
Ehett,  of  South  Carolina,  elected  President* of 
the  Congress.  This  tribute  to  high  character 
and  great  excellence  was  paid  to  the  most  popu 
lar  member  of  the  body  without  a  dissenting 
vote.  At  the  bar,  on  the  hustings,  in  Congress, 
as  Speaker  of  the  House  of  Representatives,  as 
Secretary  of  the  Treasury,  as  Governor  of  his 
State,  he  had  been  trained  in  schools  which  fitted 
him  for  wise  statesmanship.  In  1851,  against 
many  of  his  party  associates,  he  resisted  the  at 
tempt  to  make  the  uCompromise  Measures"  the 
occasion  for  a  disruption  of  the  Union,  and  was 
elected  Governor  by  an  unprecedented  majority. 
When  ten  years  later  there  seemed  no  hope  of 
protecting  the  interests  and  honor  of  his  State 
against  powerful  and  unreasonable  aggression, 
he  resigned  the  portfolio  of  the  Treasury  Depart 
ment  and  threw  himself  with  impetuous  ardor 
and  courage  into  the  contest  for  the  preserva 
tion  of  the  Constitution  and  for  State  equality. 


of  the  Confederate  States.  47 

Governor  Cobb  had  a  noble,  generous,  affec 
tionate  nature,  shrewdness,  sagacity  and  com 
mon  sense,  a  real  and  sincere  judgment  to  lean 
on,  was  unselfish  to  an  extreme  degree,  and  few 
public  men  had  a  larger  group  of  devoted 
friends.  In  his  remarks  accepting  the  place  of 
presiding  officer,  he  said  the  separation  was  "per 
fect,  complete  and  perpetual,"  and  that  it  was 
the  duty  of  Congress  to  "provide  a  government 
for  our  future  security  and  protection  and  main 
tain  with  our  late  Confederates  in  the  Union 
friendly  relations,  political  and  commercial." 

On  the  same  day,  on  motion  of  Mr.  Stephens, 
a  committee  on  rules  was  appointed.  He  soon 
reported  a  code  which  very  much  simplified  par 
liamentary  procedure  and  facilitated  business. 
Mr.  Stephens  was  proud  of  his  connection  with 
the  improvement,  and  published  in  his  work  the 
whole  report.  The  simplification  of  the  artifi 
cial  "previous  question'7  has  been  adopted  by 
legislatures  and  is  incorporated  into  many  codes. 
On  the  second  day  Mr.  Memminger  was  ap 
pointed  chairman  of  the  committee  to  report  a 
plan  for  the  formation  of  a  provisional  govern- 


48         Civil  History  of  the  Government 

ment.  He  had  published,  in  advance  of  the 
meeting  of  the  body,  a  scheme  for  a  provisional 
government,  and  was,  therefore,  prepared  to  act 
without  delay. 

Mr.  Memminger  was  of  German  origin,  and 
being  left  an  orphan  at  an  early  day,  was  in 
debted  to  generous  friends  for  his  education. 
This  experience  made  him  an  active  friend  of 
public  schools,  and  he  remained  connected  offi 
cially  with  the  system  until  the  day  of  his  death, 
one  of  the  leading  schools  in  Charleston  still 
bearing  his  name.  Thoroughly  religious  in  con 
viction  and  habit,  his  influence  was  always  on 
the  side  of  virtue  and  temperance,  and  in  law 
and  politics  he  never  severed  himself  or  his  con 
duct  from  the  strictest  standard  of  integrity  and 
truthfulness.  He  became  Secretary  of  the  Trea 
sury  when  the  first  Cabinet  was  appointed,  and 
filled  the  difficult,  one  may  say  impossible,  post 
until  July,  1864,  when  the  heavy  duties  had  so 
affected  his  health  that  he  was  compelled  to  re 
sign.  Mr.  George  A.  Trenholm,  his  fellow- 
townsman,  became  his  successor. 

The  adoption  of  a  temporary  general  govern- 


of  the  Confederate  States.  49 

ment  being  a  most  urgent  step,  allowing  no  time 
for  delay  unless  each  State  was  to  remain  sepa 
rate,  the  committee  reported  a  constitution  for 
a  provisional  government,  which  on  February 
9th  had  unanimous  approval.  The  transition 
was  easy  and  orderly.  It  was  not  a  revolutionary 
procedure,  for  the  South  in  her  whole  history 
had  never  disregarded  just  obligations  nor  failed 
to  perform  her  constitutional  duty.  As  the 
Duke  of  Wellington  said  of  the  Reform  Act  of 
1832,  it  was  aa  revolution  by  due  course  of  law." 

At  one  time  it  was  proposed  in  one  of  the 
States  to  adopt  a  rattlesnake,  couchant  and  ready 
to  strike,  with  the  motto,  "Do  not  tread  on 
me,"  or  Noli  me  tangere,  as  indicating  a  wish  to 
be  left  alone. 

The  new  government  sprang  forth  as  by 
magic.  No  large  degree  of  statesmanship  was 
required  in  this  hasty  organization.  Identity 
of  conviction  and  community  of  interests 
made  a  pro  hac  vice  government  an  obvious  need. 
The  seceding  States  had  prescribed  conditions 
and  restrictions  as  to  conformity  to  the  Consti 
tution  of  the  United  States  with  which  the  depu- 


50         Civil  History  of  the  Government 

ties  and  their  constituents  were  so  familiar. 
South  Carolina,  Alabama,  and  other  States,  in 
their  suggestions  for  a  convention  to  frame  a 
new  government,  required  that  the  Constitution 
should  be  "upon  the  principles  of  the  Constitu 
tion  of  the  United  States."  There  was  a  marked 
and  purposed  agreement  with  the  Constitution 
of  the  United  States,  as  in  this  authoritative  ex 
position  it  was  the  intention  to  reenact  what  the 
people  approved,  thereby  vindicating  the  oft- 
repeated  declaration  that  the  States  withdrew 
not  from  the  Constitution,  but  from  the  wicked 
and  injurious  perversions  of  the  compact.  The 
changes  were  only  such  as  the  urgent  necessity 
of  the  peculiar  occasion  demanded.  The  Con 
stitution  of  the  United  States  was  copied  with 
almost  literal  fidelity,  differing  from  that  of  the 
fathers  only  in  so  far  as  it  was  explanatory  of 
their  well-known  intent.  There  was  little  de 
parture  from  the  text  beyond  what  was  made 
necessary  by  a  single  legislative  body  and  the 
guarantees  which  the  novel  situation  required. 
While  some  of  the  constituent  parts  were 
slightly  altered,  the  system  remained.  In  his 


of  the  Confederate  States.  51 

inaugural  President  Davis  said:  "The  Consti 
tution  formed  by  our  fathers  is  that  of  these 
Confederate  States,  in  their  exposition  of  it; 
and  in  the  judicial  construction  it  has  received 
we  have  a  light  which  reveals  its  true  meaning." 
With  the  opinions  and  traditions  held  by  all, 
the  first  step  was  to  organize  a  united  govern 
ment  with  a  written  constitution,  so  that  the 
States  which  had  severed  their  ties  with  the  old 
government  might  safely  be  confederated  into 
a  union  for  the  common  defence  and  general 
welfare.  The  strife,  which  began  in  the  con 
vention  of  17 87  and  had  been  continued  with 
increasing  bitterness  and  danger,  until  it  reached 
its  culmination  in  the  dominance  of  a  party 
with  its  chosen  President  committed  to  hostility 
to  the  institutions  of  the  South  and  unmindful 
of  checks  and  guarantees  which  had  been  pre- 
cautiously  provided  for  the  protection  of  minori 
ties,  left  the  States  no  alternative  but  to  dis 
rupt  their  former  relations  with  the  Union  and 
to  bind  themselves  in  harmony  and  concord  for 
liberty  to  themselves  and  their  posterity. 
Prompt  action  was  required  to  make  a  national 


52          Civil  History  of  the  Government 

organization  with  requisite  powers  to  sustain 
the  government,  to  command  respect  and  obedi 
ence  at  home,  to  secure  recognition  abroad,  and 
to  guard  against  any  possible  attacks  or  interfer 
ence. 

Following  the  adoption  of  the  Provisional 
Constitution  on  February  9th,  came  the  elec 
tion  of  a  President  and  Yice-President,  who 
were  to  hold  their  offices  for  one  year,  or  until 
the  nascent  government  should  be  succeeded  by 
one  more  stable.  These  officers  were  elected  by 
ballot,  each  State  casting  one  vote.  There  had 
been  no  electioneering,  no  management,  no  bar 
gaining,  no  promises.  Who  should  be  President 
engaged  earnest  attention,  and  there  was  natu 
rally  some  difference  of  opinion  as  to  the  fittest 
person  for  the  high  office.  The  qualifications 
of  Davis,  Cobb,  and  Toombs  were  quietly  can 
vassed,  but  the  differences  were  not  so  pressed 
as  to  cause  delay  of  action  or  any  ill  feeling. 
Some  deputies  favored  Cobb,  some  Toombs,  but 
Davis  received  unanimous  and  cordial  support. 

Besides  large  civil  experience  as  Secretary  of 
War  and  member  of  Congress,  in  which  posi- 


of  the  Confederate  States.  53 

tions  lie  had  won  merited  distinction  for  schol 
arship,  ability  and  integrity,  Davis  had  had  mili 
tary  experience  in  the  Mexican  War,  where  he 
had  distinguished  himself  for  courage  and  tac 
tical  skill,  and  it  was  known  that  his  tastes  and 
preferences  were  for  military  station.  Missis 
sippi,  immediately  on  her  withdrawal,  had  made 
him  Commander-in-Chief  of  the  forces  the  State 
was  raising  in  anticipation  of  a  possible  conflict, 
and  he  was  engaged  in  their  organization,  when 
by  a  special  messenger  dispatched  for  the  pur 
pose  he  was  informed  of  his  elevation. 

His  journey  to  Chattanooga,  Marietta,  At 
lanta  and  Montgomery  was  a  splendid  ovation. 
At  every  point  on  the  railway,  until  on  Feb 
ruary  15th  he  reached  the  Confederate  Capital, 
he  was  greeted  by  thousands.  On  the  18th  he 
was  inaugurated,  delivering  his  address  and 
taking  the  oath  on  the  steps  of  the  Capitol  build 
ing,  in  presence  of  a  great  assemblage,  which,  in 
hushed  and  reverent  silence,  had  been  led  in  a 
prayer,  impressive  and  comprehensive,  by  Dr. 
Basil  Manly,  formerly  the  president  of  the 
University  of  Alabama,  in  which  he  said :  "  We 


54         Civil  History  of  the  Government 

appeal  to  Thee  to  protect  us  in  the  land  Thou 
hast  given  us,  the  institutions  Thou  hast  estab 
lished,  the  rights  Thou  hast  bestowed."  The 
ceremony  completed,  cannon  were  fired,  the  first 
by  a  granddaughter  of  ex-President  Tyler.  The 
city  was  illuminated  at  night  and  the  President 
gave  a  reception. 

The  inaugural  was  marked  by  simplicity,  di 
rectness  and  frankness.  Neither  seeking  nor 
desiring  the  exalted  position,  the  President  ex 
pressed,  in  strongest  terms,  the  wish  of  his 
country  for  peace.  It  is  an  absurd  fallacy  that 
destruction  or  injury  of  those  from  whom  the 
Southern  States  had  separated  was  intended  or 
desired.  The  Northern  States  were  at  undis 
turbed  liberty  to  retain  their  union  and  their 
government.  These  were  not  in  any  way 
threatened. 

The  utter  unpreparedness  of  the  seceding 
States  and  of  the  Confederacy  for  war  is  the 
demonstration,  absolute  and  impregnable,  of 
the  purpose  and  expectation  of  peace.  There 
was  an  absence  of  establishments  for  manufac 
ture  or  repair  of  weapons  and  of  arsenals  with 


of  the  Confederate  States.  55 

supplies  of  arms  and  munitions.  The  seceding 
States  sought  only  to  erect  a  government  of 
their  own.  That  it  was  the  perversion  of  the 
ends  of  the  Union,  and  not  the  Union  itself, 
which  had  caused  the  regrettable  separation,  is 
made  clear  by  the  adoption  of  the  organic  law 
and  the  early  legislation  of  the  Confederate  Con 
gress,  most  of  which  was  limited  to  putting  upon 
the  statute  books  such  laws  of  a  general  and 
necessary  character  as  had  become  imperative 
by  the  withdrawal  from  the  Union.  On  Febru 
ary  12th,  the  Confederate  Government  took  un 
der  its  charge  all  existing  questions  between  the 
two  governments  relative  to  occupation  of  forts, 
arsenals  and  other  establishments,  and  the  States 
were  requested  to  cede  forts  and  other  public 
property  of  like  character  to  the  Confederate 
Government.  The  very  first  enactment  after 
the  adoption  of  the  Provisional  Constitution  was 
the  continuance  in  force,  until  altered  or  re 
pealed,  of  all  United  States  laws  not  inconsistent 
with  the  laws  of  the  Confederate  States,  and 
very  soon  afterwards,  February  25th,  the  free 
navigation  of  the  Mississippi  was  declared  and 


56          Civil  History  of  the  Government 

established.  All  the  expressions,  all  the  acts,  all 
the  laws  of  the  Confederate  Government  show 
an  earnestness  of  desire  and  purpose  to  separate 
peaceably  from  those  with  whom  they  could  not 
live  on  terms  of  equality  and  amity. 

On  Thursday,  the  llth,  Mr.  Stephens  ac 
cepted  in  open  session  the  Vice-Presidency.  Ex 
cusing  himself  from  any  elaborate  presentation 
of  his  views,  as  it  would  be  indelicate  to  antici 
pate  what  the  Chief  might  say,  he  suggested 
several  matters  of  general  interest  which  re 
quired  attention.  Among  these  were  the  trans 
fer  of  customhouses  from  the  jurisdiction  of 
the  separate  States  to  the  Confederacy,  the  im 
position  of  duties  to  meet  present  and  expected 
exigencies,  and  the  adoption  of  a  permanent 
constitution,  which,  in  fact,  was  one  of  the  lead 
ing  objects  of  Congress. 

One  might  travel  far  and  see  many  thousands 
without  finding  counterpart  or  parallel  of  Alex 
ander  H.  Stephens.  His  life  amid  difficulties 
and  dangers  appears  like  a  miracle.  Tall,  spare, 
not  weighing  over  one  hundred  pounds,  nearly 
bloodless,  with  a  feminine  voice  and  appearance, 


of  the  Confederate  States.  57 

lie  seemed  incapable  of  physical  labor  or  fatigue, 
and  during  the  war,  when  many  fled  from  dis 
tricts  exposed  to  incursions  from  the  enemy,  he 
was  often  jocularly  spoken  of  as  "a  refugee  from 
the  graveyard."  Of  parentage  of  moderate 
means,  he  was  educated  up  to  graduation  from 
the  University  of  Georgia  by  some  generous  and 
sympathetic  women,  who  discovered  in  him  per 
sonal  virtues  and  mental  precocity.  Afterwards, 
when  he  decided  on  a  profession  different  from 
what  the  ladies  desired,  he  returned  in  full  mea 
sure,  with  interest,  what  had  been  advanced  in 
his  behalf.  His  own  generous  nature  and  grate 
ful  sense  for  what  had  been  done  for  him  in  pov 
erty,  made  him  through  life  a  benefactor  of 
young  men,  and  more  than  a  hundred  were  aided 
by  him  in  academy  and  college.  "Liberty  Hall," 
where  he  lived,  was  an  open  and  hospitable 
home,  where  thousands,  rich  and  poor,  distin 
guished  and  obscure,  were  gladly  entertained. 
At  the  bar  Stephens  attained  exceptional  suc 
cess.  His  legal  knowledge,  diligently  acquired, 
his  disciplined  faculties,  his  marvelous  elo 
quence,  were  the  elements  of  his  professional 


58         Civil  History  of  the 


Government 


distinction.  In  the  Legislature  and  in  Congress 
he  found  a  fit  and  congenial  arena  for  his  tastes, 
studies,  ambition  and  patriotism.  In  all  sta 
tions,  private  and  public,  as  Representative, 
Vice-President  and  Governor,  he  discharged 
his  duties  fearlessly,  conscientiously  and  ably, 
and  died  without  a  stain  upon  his  reputation, 
the  idol  of  friends  and  constituents.  As  a  stump 
speaker  he  had  few  equals.  His  remarkable 
physique,  his  penetrating  voice,  lucid  statements, 
ingenuous  frankness,  humor,  satire,  repartee, 
eloquence,  made  him  a  great  favorite.  In  the 
House  of  Representatives  in  1859  he  achieved 
a  grand  triumph  when  the  admission  of  Oregon 
as  a  State  was  under  consideration.  For  many 
reasons  it  was  opposed,  and  the  Southern  mem 
bers  were  unwilling  to  have  the  predominance 
of  the  North  increased  by  another  State.  When 
Stephens  arose,  writing  at  desks  ceased,  news 
papers  were  laid  aside,  and  every  person,  on  floor 
or  in  gallery,  gave  undivided  attention.  In  clear, 
incisive  style,  by  strong  argumentation  and  earn 
est  appeal  to  rise  above  unjust  sectionalism,  he 
pleaded  for  the  new  State.  Drawing  illustra- 


lie  Confederate  States.  59 


tion  from  Ezekiel's  vision  of  wheel  within  wheel 
as  typical  of  Federal  and  of  State  governments, 
he  closed  with  a  burst  of  eloquence  that  thrilled 
every  hearer  and  made  the  admission  no  longer 
one  of  doubt  or  hesitation. 

Soon  after  his  inauguration,  the  President 
proceeded  to  the  selection  of  his  Cabinet,  the 
Congress  having  authorized  the  departments  of 
State,  Treasury,  War,  Navy,  Justice  and  the 
Post  Office.  This  executive  duty,  now  so  much 
discussed,  with  suggestions  of  innumerable  per 
sons  with  varying  degrees  of  fitness,  causing 
much  sectional  and  personal  disappointment  and 
ill  feeling,  was  discharged  with  ease  and  to  the 
general  satisfaction.  The  unanimity  of  the  peo 
ple,  their  unselfish  devotion  to  the  country's  in 
terests,  the  absence  of  cliques  and  personal  rival 
ries  and  party  claims,  enabled  the  President  to 
look  only  to  capacity.  The  departments,  in  the 
order  mentioned,  were  filled  by  Robert  Toombs, 
of  Georgia;  C.  G.  Memminger,  of  South  Caro 
lina;  L.  P.  Walker,  of  Alabama;  S.  E.  Mallory, 
of  Florida;  J.  P.  Benjamin,  of  Louisiana;  and 
John  H.  Reagan,  of  Texas.  Mallory,  Reagan, 


60         Civil  History  of  the  Government 

and  Benjamin  remained  as  the  President's  ad 
visers  during  the  life  of  the  Confederacy,  the 
first  two  in  their  original  places,  the  last  trans 
ferred  first  to  the  War  and  afterwards  to  the 
State  departments.  R.  M.  T.  Hunter,  of  Vir 
ginia,  was  for  a  time  in  the  State  Department; 
G.  W.  Randolph  and  James  A.  Seddon,  of  Vir 
ginia,  and  John  C.  Breckenridge,  of  Kentucky, 
in  the  War;  Trenholm,  of  South  Carolina,  in 
the  Treasury;  Watts,  of  Alabama,  and  Davis,  of 
North  Carolina,  in  the  Department  of  Justice. 

Texas  seceded  on  February  14th,  but  her 
delegates,  not  having  arrived  until  after  the 
adoption  of  the  Provisional  Constitution  and  the 
election  of  the  President,  were  authorized  by  a 
special  vote  of  Congress  to  sign  the  Constitu 
tion,  and  on  March  2d  they  affixed  their  signa 
tures  to  the  instrument. 

Much  necessary  legislation  and  departmental 
work  were  accomplished  to  adapt  the  new  gov 
ernment  to  environments,  to  prevent  inconveni 
ence  and  friction  from  suspension  of  federal 
laws,  and  to  supply  the  necessary  equipments. 
Agents,  among  whom  was  Eaphael  Semmes,  af- 


of  the  Confederate  States.  61 

terwards  the  brilliant  commander  of  the  "Ala 
bama,"  were  sent  abroad  and  to  Northern  cities 
to  make  all  possible  preparation  for  the  depre 
cated  contingency  of  war. 


62          Civil  History  of  the  Government 


CHAPTER  III. 

CONFEDERATE  STATES  CONSTITUTION — SIMILARITY  TO 
THAT  OF  THE  UNITED  STATES — DIFFERENCES- 
CHARACTER  OF  THE  CHANGES — EXECUTIVE  RE 
SPONSIBILITY  —  INELIGIBILITY  —  RESTRAINTS  ON  EX 
PENDITURES  AND  ON  EXECUTIVE  PATRONAGE — MEM 
BERS  OF  CABINET  IN  CONGRESS — " PROTECTION" — 
SLAVE  TRADE — WISDOM  OF  CHANGES  IN  THE  LIGHT 
OF  PRESENT  CONDITIONS. 

The  Provisional  Constitution  and  Govern 
ment  were  temporary  and  tentative  expedients 
to  meet  emergencies,  and  it  was  understood  that 
a  permanent  government  should  supersede  the 
temporary  within  a  year  or  perhaps  sooner. 
Time  was  taken  from  necessary  legislation  to 
devise,  consider,  discuss  and  adopt  for  State 
ratification  a  permanent  constitution.  This  was 
a  more  serious  matter  than  had  been  the  tran 
sient  and  ephemeral  scheme  under  which  the 
Confederacy  was  bravely  meeting  heavy  respon 
sibilities. 

In    the    deliberations    were    exhibited     the 


of  the  Confederate  States.  63 

powers  of  the  best  minds,  the  learning  of  juris 
consults,  the  legislative  experience  of  the  mem 
bers,  and  the  convictions  of  what  the  history 
of  the  United  States  had  shown  to  be  weaknesses 
or  failures  in  the  old  system.  On  the  day  of 
the  election  of  President  and  Yice-President  a 
committee  for  framing  a  constitution  for  a  per 
manent  government,  composed  of  two  members 
from  each  State,  was  appointed,  with  R.  Barn- 
well  Rhett,  of  South  Carolina,  as  chairman. 
This  committee  was  in  permanent  session,  and 
made  its  report  on  the  26th  of  February.  The 
final  unanimous  vote  on  adoption  was  taken  on 
the  llth  of  March. 

The  debates  on  the  Constitution,  frequent, 
sparkling,  earnest,  learned,  were  conducted  in 
the  best  spirit,  and  there  predominated  the 
one  controlling  desire  to  devise  a  system  which 
would  stand  the  test  of  antagonism  and  re 
sult  in  the  welfare  of  the  people  and 
the  safeguarding  of  human  rights.  It  cannot 
be  considered  invidious,  when,  with  due  and 
strong  acknowledgment  of  general  and  special 
merit,  it  is  stated  that  Rhett,  Cobb,  Stephens, 


64         Civil  History  of  the  Government 

Toombs,  Hill,  Smith,  Walker,  Campbell,  Con 
rad,  Withers,  were  the  men  who  did  most  to 
wards  suggesting  and  enforcing  the  changes 
which  were  adopted.  The  difficulties  were  much 
minimized  by  the  attachment  to  the  old  Consti 
tution,  to  which  the  South  from  the  beginning 
of  the  government  had  given  a  consistent,  cor 
dial  and  loyal  support.  The  South  had  relied 
on  a  faithful  adherence  to  the  Constitution  as 
the  surest  security  of  the  rights  of  the  States, 
as  the  guardian  of  what  she  held  most  dear,  and 
as  the  only  bond  and  assurance  of  the  Union, 
as  framed  by  the  fathers. 
*  The  main  features  of  this  model  were  re- 
adopted,  and  only  such  changes  were  made  as 
were  explanatory  of  the  well-known  intent  of 
the  authors,  remedial  of  the  evils  which  had  pro 
voked  secession,  purgative  of  the  vicious  inter 
pretations  of  selfish  majorities,  and  to  secure  the 
accomplishment  of  the  true  ends  of  the  Con 
federacy.  To  build  up  with  greater  security 
and  permanence  a  constitutional  confederacy 
commanded  the  energies  and  patriotism  of  a 
body  of  men  than  whom  Mr.  Stephens,  with  his 


of  the  Confederate  States.  65 

large  experience,  said  lie  had  never  associated 
with  an  abler.  "They  were  men  of  substance, 
of  solid  character,  of  moral  worth,  versed  in  the 
principles  and  practice  of  government,  and  some 
of  them  amongst  the  first  men  of  the  continent." 
Reformation  of  the  Union  was  the  cardinal  ob-  | 
ject.  Many  of  the  changes  were  verbal,  intro-  I 
duced  for  clearness,  to  prevent  ambiguity  and 
to  settle  controversy.  The  work  of  their  hands 
refutes  the  common  charges  of  unholy  ambition, 
conspiracy,  treason,  preference  for  a  monarchy; 
and  unprejudiced  critics  should  accept  it  as  a 
most  trustworthy  exposition  of  the  opinions  and 
principles  of  those  who  did  it.  The  frame 
work  of  government,  adopted  unanimously  by 
the  Congress  on  March  llth,  and  ratified 
promptly  by  the  seceding  States,  asserted  the 
derivative  character  of  the  Confederacy,  the 
equality  and  sovereignty  of  the  States,  the  limi 
tations  upon  the  powers  of  the  General  Govern 
ment,  and  devised  such  restrictions  as  to  make 
almost  impossible  future  aggressions  and  usur 
pations. 

These    specific    enumerations    and    reserva- 


66         Civil  History  of  the  Government 

tions  were  made  necessary  by  the  action  of 
the  Federal  Executive  and  Legislature,  and  have 
been  justified  by  the  claims  put  forth  by  writers 
on  constitutional  law.  A  well-known  writer  on 
"Constitutional  and  Political  History"  ventures 
on  the  singular  statement  that  the  States  had 
no  existence  anterior  to  the  formation  of  the 
Constitution,  apparently  heedless  or  ignorant  of 
the  fact  that  the  Declaration  of  Independence 
recognizes  their  sovereignty  and  independence, 
and  that  treaties  with  France,  the  Netherlands 
and  Sweden  during  the  Revolution,  and  with 
Great  Britain  at  the  close  of  that  war,  enume 
rated  the  States  by  name  and  treated  with  them 
as  such. 

As  so  much  misapprehension  and  misrepre 
sentation  becloud  the  American  mind  in  refer 
ence  to  the  Confederate  Constitution,  it  may 
be  well  to  present  anew  some  of  the  more  im 
portant  changes.  When  such  men  as  Edward 
Everett  and  Motley  affirm  that  in  the  Constitu 
tion  of  the  United  States  the  States  are  not 
named,  one  can  hardly  be  astonished  at  the 
gross  ignorance  of  the  Confederate  Constitution. 


of  the  Confederate  States.  67 

In  the  appendix  to  this  volume  the  two  constitu 
tions  have  been  published  in  parallel  columns, 
with  changes  in  italics,  so  that  at  a  single  glance 
the  similarities  and  differences  may  be  seen. 
In  "  The  Southern  States  of  the  American 
Union,"  pages  191-213,  a  full  analysis  and  com 
parison  of  the  two  instruments  are  made. 

The  convention  of  1Y8Y  submitted  for  the 
ratification  of  the  States  the  articles  of  union 
known  as  the  Constitution.  The  parties  to 
which  this  Constitution  was  submitted  were  the 
several  sovereign  States,  with  undoubted  power 
to  accept  or  reject.  In  the  event  of  the  favor 
able  action  of  nine  of  the  States,  the  compact 
was  to  be  binding  over  those  concurring,  and  the 
Federal  Government,  as  the  common  agent,  was 
to  be  invested  with  the  delegated  powers.  North 
Carolina  and  Khode  Island  declined  for  a  time 
to  accede,  and  until  after  the  inauguration  of 
Washington  continued  in  the  exercise  of  func 
tions  as  separate,  independent,  sovereign  na 
tions,  and  no  one  had  the  temerity  to  propose 
their  coercion  into  the  Union. 

By  the  Constitution,  as   ratified    and   made 


68          Civil  History  of  the  Government 

"  the  supreme  law  of  the  land,"  certain  duties 
were  recognized  as  obligatory  on  the  States,  and 
the  exercise  of  certain  powers  was  restrained. 
This  necessarily  implied  the  continued  exist 
ence  of  the  States,  as  retaining,  or  reserving 
as  sovereigns,  all  the  powers  and  rights  which 
they  had  not  prohibited  to  themselves  nor 
delegated  to  the  United  States.  The  Federal 
Union  became  a  government  with  defined 
objects  and  powers,  limited  to  the  express 
words  of  the  grant,  or  what  was  a  necessary  im 
plication.  This  determination  left  the  residuary 
mass  of  powers  in  the  hands  of  the  States,  or 
the  people  thereof,  and  rendered  unnecessary 
any  specifications  of  what  was  reserved.  There 
are  no  vagrant  powers,  no  "derelicts,"  subjects 
of  wind  and  wave,  seeking  a  resting  place. 

In  the  Union,  as  creatures  of  the  Constitution, 
are  three  divisions  of  powers : 

(a)  A  grant  to  the  Federal  Government. 

(b)  Prohibitions  on  the  exercise  of  certain 
powers   by   the   Federal   Government,   by   the 
States,  or  by  both  these  agencies,  and 

(c)  The  retention  of  the  remaining  mass  of 


of  the  Confederate  States.  69 

power  in  the  States,  or  in  the  people  of  the 
States. 

Freeman  says:  "The  American  Constitution, 
with  its  manifest  defects,  still  remains  one  of 
the  most  abiding  monuments  of  human  wisdom, 
and  it  has  received  a  tribute  to  its  general  excel 
lence,  such  as  no  other  political  system  was  ever 
honored  with."  The  copying  by  the  Confede 
rate  States  of  this  model  to  which  the  English 
historian  refers,  was  none  the  less  an  honoring 
tribute,  but  the  more  because  the  contention  was 
that  the  Constitution  had  not  been  observed, 
and  that  its  guaranties  and  provisions  had  been 
disregarded  for  sectional  and  selfish  purposes. 

The  seceding  States  were  not  dissatisfied  with 
the  Constitution,  but  with  its  administration, 
and  their  avowed  and  manifest  purpose  was  to 
restore  its  integrity  and  secure  in  the  future  its  \ 
faithful  observance.  The  permanent  Constitu 
tion  was  framed  on  the  State  Rights  theory,  to 
take  from  a  majority  in  Congress  unlimited  con 
trol,  and  to  give  effective  assurances  of  purity 
and  economy  in  all  national  legislation.  A  care 
ful  examination  of  its  features  will  demonstrate 


70         Civil  History  of  the  Government 

that  the  seceding  States  were  deeply  attached 
to  the  plan  and  principles  of  the  old  Constitu 
tion,  which  is  so  often  eulogized  as  the  palladium 
of  American  liberties.  The  wisdom  and  conser 
vatism  of  the  framers  of  the  new  Constitution 
will  be  amply  vindicated  by  a  consideration  of 
the  reforms  which  were  attempted. 

No  subject  proved  more  perplexing  than  the 
mode  of  electing  a  President.  Fortunately, 
there  have  been  preserved  for  our  instruction 
records  of  the  proceedings  of  the  Constitution 
of  1787,  so  faithfully  made  by  Madison  and 
others.  The  members  of  that  remarkable  body 
of  patriots  seem  to  have  had  no  clear  convic 
tions  as  to  the  best  method  of  choosing  an 
executive.  They  were  harassed  by  fears  of  a 
monarchy.  The  election  by  Congress  came  near 
adoption.  Various  other  plans  found  partial 
favor.  The  plan  ultimately  incorporated  into 
the  Constitution  found,  late  in  the  session, 
strange  to  say,  a  nearly  unanimous  vote.  This 
doubtless  proceeded,  in  a  spirit  of  compromise 
and  as  a  tentative  plan,  from  the  contrariety  of 
views  which  had  been  expressed,  and  from  the 


of  the  Confederate  States.  71 

apparent  impossibility  of  harmonious  agree 
ment. 

The  experience  of  the  convention  of  IT 8 7 
found  repetition  in  that  of  1861.  No  proposed 
change  of  the  organic  law,  which  was  adhered 
to  as  a  model,  excited  more  discussion  than  what 
was  suggested  in  reference  to  the  election  of  a 
President.  What  is  now  in  force  in  the  United 
States  had  few,  if  any,  friends.  The  fathers  pro 
vided  an  electoral  college,  each  State  choosing 
as  many  electors  as  it  has  representatives  in  Con 
gress,  and  it  was  hoped  that  these  electors  would 
be  an  independent  reality,  exercising  an  un 
biased  judgment,  in  selecting  the  best  man  with 
an  eye  single  to  the  public  interest.  They  were 
expected  to  stand  between  the  office  and  the 
people,  to  study  the  fitness  of  men  and  select 
according  to  fitness.  While  the  letter  of  the 
law  remains,  the  intent  has  been  entirely  frus 
trated,  as  the  intermediate  electors  have  no  in 
dependent  opinions  and  are  pledged  agents  to 
vote  for  a  chosen  candidate  on  a  prescribed 
"  platform." 

What   was   meant   as   a   check,  a   restraint, 


72         Civil  History  of  the  Government 

upon  party  control  and  excess,  has  become 
its  most  efficient  instrument.  An  elector, 
disregarding  the  will  of  his  party,  as  expressed 
in  the  national  caucus,  would  be  ostracised  as  a 
traitor.  Practically  dispensing  with  the  inter 
mediary  agency  and  exalting  power  and  influ 
ence  of  a  national  caucus  have  made  a  presi 
dential  election  the  main  object  of  political  man 
agement,  absorbed  public  opinion,  and  domi 
nated  all  other  elections  from  that  for  a  con 
stable  to  those  for  governors  or  senators.  The 
election  is  now  a  gigantic  party  struggle,  never 
ceasing,  and  determines  in  its  result  the  policy 
of  the  administration  and  the  distribution  of 
offices.  Hence,  party  organization  is  compact 
and  despotic,  heartless  and  resistless;  is  con 
trolled  by  manipulations  of  a  few  bosses;  a  place 
as  delegate  in  a  nominating  caucus  is  greedily 
sought  for;  a  campaign  fund,  aggregating  mil 
lions  of  dollars,  spent  without  audit  or  account 
ing  of  any  kind,  is  secured  by  assessments  or 
voluntary  contributions,  to  be  reimbursed  by 
offices,  contracts,  appropriations,  or  legislative 
discriminations;  and  every  neighborhood,  from 


of  the  Confederate  States.  73 

the  Atlantic  to  the  Pacific,  is  stirred  to  its 
depths  by  these  quadrennial  agitations. 

Mr.  Teller,  in  the  United  States  Senate, 
June  1,  1900,  "  felt  that  he  was  justified  in 
saying  that  the  tactics  of  1898  consisted  in 
levying  assessments  upon  any  manufacturing 
institution  in  the  country,  and  that  it  was  noto 
rious  that  the  national  banks  were  assessed  for 
that  purpose."  Machine  politics  control  nomi 
nations.  Availability  is  more  sought  after  than 
merit.  In  a  party  caucus  everything  is  "cut  and 
dried"  in  advance — the  presiding  oificers,  the 
speakers,  and  the  platform.  "Bosses"  are  de 
ferred  to  in  all  things. 

To  reform  a  system  essentially  vicious  com 
manded  serious  effort,  and  numerous  proposals 
were  debated  and  referred  and  voted  upon. 
While  all  favored  some  change,  it  was  not  found 
possible  to  agree  upon  any  scheme  which  was 
free  from  objection.  The  condemned  mode  was 
retained  with  the  hope  that  some  of  the  evils 
of  the  old  system  might  be  remedied.  I  remem 
ber  well  that  the  reluctant  acquiescence  in  the 
retention  of  what  none  favored  was  in  the  strong 


74         Civil  History  of  the  Government 

hope  that  what  was  temporary  might  be  adjusted 
under  more  favorable  conditions.  Hence,  in 
the  Executive  Department  were  some  radical 
changes,  made  so  as  not  to  deprive  the  country 
too  soon  of  the  experience,  ability  and  services 
of  the  President  just  when  they  were  most 
needed. 

The  tenure  of  the  office  was  fixed  at  six  years, 
and  the  President  was  made  ineligible  for  a 
second  term.  President  Hayes,  after  expiration 
of  his  term  of  office,  being  asked  to  suggest 
needed  changes  in  the  Constitution,  mentioned 
only  these  two.  All  the  great  muniments  of 
freedom,  wrung  from  the  grasp  of  tyrants,  have 
been  protests  against  the  arbitrary  exercise  of 
executive  power.  By  a  wise  jealousy  of  execu 
tive  usurpation,  the  people  have  sought  protec 
tion  in  a  written  constitution  and  in  specific 
guarantees.  As  under  our  system,  the  Presi 
dent  is  practically  an  appointee  of  irresponsible 
bodies  of  men,  and  the  triumph  of  a  party  is  of 
more  consequence  than  the  public  welfare,  and 
the  patronage  of  a  President  is  used  as  spoils  of 
office  for  rewarding  partisans  or  silencing  free 


of  the  Confederate  States.  75 

thought,  and  the  halls  of  legislation  have  become 
arenas  for  personal  disputes  and  disgraceful 
strifes,  it  was  deemed  wise  to  make  these  great 
changes. 

"When  the  Chief  Magistrate  is  a  candidate  for 
a  second  term,  he  is  tempted  to  use  the  immense 
patronage  and  influence  of  his  high  office  to 
secure  a  renomination  and  success  at  the  polls. 
Nearly  everything  is  made  to  bend  to  that  one 
ambition.  The  weaker  or  more  pliable  the  Presi 
dent  is  the  greater  the  possibilities  of  evil.  He 
may  forget  the  good  of  the  country  in  his  can 
didacy  and  yield  to  persuasions  or  motives  which 
may  make  him  the  instrument  of  those  who  are 
ambitious,  or  designing,  or  self-seeking. 

Every  one  familiar  with  Federal  legislation 
knows  how  common  it  is  to  load  bills  with  ob 
jectionable  items.  "Log-rolling"  has  become  so 
frequent  as  to  have  assumed  a  distinct  legisla 
tive,  or  political  meaning.  Combinations  of  in 
terested  persons  and  interests  succeed  in  fasten 
ing  upon  the  treasury  bad  schemes  which 
singly  could  not  pass  either  house  of  Congress. 
Upon  the  Confederate  Executive  was  devolved 


76         Civil  History  of  the  Government 

largely  the  responsibility  of  estimating  and  ask 
ing  for  appropriations  with  a  view  to  an  econom 
ical  administration  and  to  a  better  guardianship 
of  the  treasury. 

Unless  asked  and  estimated  for  by  the  heads 
of  the  departments  through  the  President, 
Congress  could  not  make  an  appropriation,  ex 
cept  by  a  vote  of  two-thirds  of  both  houses, 
taken  by  yeas  and  nays.  For  its  own  expenses 
and  certain  judicially  determined  claims  this 
restriction  did  not  apply.  Further  to  secure  the 
people  against  extravagant,  corrupt  and  ille 
gitimate  expenditures,  the  President  was  em 
powered  to  veto  particular  clauses  in  an  appro 
priation  bill  and  to  approve  others.  By  several 
devices,  power  and  responsibility  were  lodged 
in  the  same  hands.  The  initiative  in  disbursing 
revenues  was  placed,  in  a  large  degree,  in  the 
hands  of  the  President,  who,  with  his  official 
advisers,  became  a  kind  of  legislative  commit 
tee,  as  in  the  House  of  Commons,  to  watch  re 
ceipts  and  expenditures  and  make  broad  sug 
gestions  for  raising  necessary  revenue  or  lessen- 


of  the  Confederate  States.  77 

ing  taxation.  Every  law  must  relate  to  but  one 
subject,  which  must  be  expressed  in  the  title. 

The  treasury  was  required  to  publish  at  stated 
intervals  its  receipts  and  disbursements  by 
items.  These  precautionary  measures,  with 
others  to  be  mentioned,  limiting  the  power  and 
objects  of  taxation,  were  in  accordance  with  the 
history  of  public  men  at  the  South.  In  his 
"Twenty  Years  in  Congress"  Elaine  says :  "The 
Southern  leaders  were  especially  careful  of  the 
public  money.  They  believed  in  an  economical 
government,  and  throughout  the  long  period  of 
their  domination  they  guarded  the  treasury  with 
rigid  and  increasing  vigilance  against  every  at 
tempt  at  extravagance  and  every  form  of  cor 
ruption." 

As  corroborative  of  this  just  compliment, 
an  anecdote  may  be  related  of  the  Hon.  Elihu 
B.  Washburne,  long  a  distinguished  member 
of  Congress  and  our  most  excellent  Minister 
to  France  during  the  Franco-German  war.  In 
the  autumn  of  1865,  I  called  on  President  John 
son  to  obtain  a  pardon.  -He  promptly  granted 
my  request.  Having  some  Hours  of  leisure  be- 


T8         Civil  History  of  the  Government 

fore  the  departure  of  the  Southern  train,  I  vis 
ited  the  Capitol.  Discovering  from  the  gallery 
where  Mr.  Washburne  was  sitting,  I  descended 
and  sent  him  my  card.  He  came  out  immedi 
ately  and  gave  me  a  most  cordial  reception,  as 
our  relations  before  the  war  as  fellow-members 
were  very  friendly.  After  some  minutes'  pleas 
ant  interchange  of  civilities  and  opinions,  on  ex 
tending  my  hand  to  take  leave,  he  begged  me  to 
remain,  as  he  desired  much  conversation  in  rela 
tion  to  the  condition  of  affairs  at  the  South. 
Soon  I  proposed,  a  second  time,  not  to  detain 
him  from  his  duties,  and  he  most  kindly  ex 
pressed  a  desire  to  do  anything  for  me  he  could. 
Holding  my  hand,  he  said,  with  warmth:  "I 
wish  you  fellows  were  back  here  again."  "That 
is  a  singular  wish,"  I  responded,  "after  the  last 
four  years'  experiences."  "Yes,"  he  said,  "you 
gave  us  a  great  deal  of  trouble,  but  the  fact  is, 
you  wouldn't  steal." 

No  more  demoralizing  policy  of  our  govern 
ment  has  been  developed  than  that  which  has 
grown  out  of  Executive  patronage.  Within  the 
appointing  power  of  the  President  are  over  one 


of  the  Confederate  States.  7$ 

hundred  and  seventy  thousand  officers,  and  the 
power  of  removal,  a  supposed  incident  of  ap 
pointment,  has  enlarged  Executive  influence  and 
created  an  evil  which  the  efforts  of  the  wisest 
and  best  have  so  far  been  unable  to  arrest  or 
eradicate.  Civil  service  reform,  incorporated 
into  creeds  of  parties,  and  with  much  gush  re 
affirmed  in  letters  and  speeches  of  candidates, 
has  proved  to  be  a  jugglery  of  words,  a  vain  de 
lusion  and  a  snare.  The  spoils  system  cannot 
be  exaggerated  in  its  baleful  influence.  It  de 
bauches  the  national  conscience,  lowers  the 
standard  of  public  morals,  destroys  the  idea  that 
public  office  is  a  public  trust,  and  makes  it  a 
means  of  private  aggrandizement,  an  object  of 
prey  and  booty  for  the  individual  office-holder 
and  for  a  party.  Demoralizing;,  corrupting  ele 
ments  are  introduced  into  political  life. 

Continuance  in  office  is  no  longer  dependent 
on  fidelity  to  duty.  Men  are  put  in  official  posi 
tion,  Federal,  State,  municipal,  as  a  reward  for 
partisan  service,  or  with  the  full  expectation  that 
favors  will  be  done;  and  these  services  have  not 
the  remotest  relation  to  official  duties.  Federal 


80         Civil  History  of  the  Government 

officers  are  active  in  nominations,  in  campaigns, 
in  assessments,  in  partisan  activities,  in  elec 
tions.  "Workers  must  be  rewarded  and  the  emol 
uments  of  office  are  the  corruption  fund  for  the 
payment.  It  is  an  "open  secret"  that  places  are 
apportioned  among  senators  and  representatives, 
who  thus  usurp  the  functions  of  a  President. 
The  power  and  responsibility  of  a  President  are 
surrendered,  at  dictation  or  for  a  purpose,  to 
congressional  delegations.  Pressure  of  political 
influence  for  patronage  sets  aside  merit  and 
qualification.  Time  and  talent  due  to  public 
duties  are  given  to  spoils. 

In  the  Confederate  Constitution  an  attempt 
was  made  to  restrict  Executive  power.  Officers 
of  the  Cabinet,  or  those  engaged  in  the  diplo 
matic  service,  could  be  removed  by  the  Presi 
dent  at  his  discretion,  but  in  all  other  cases  re 
moval  from  office  could  be  made  only  for  cause, 
and  that  cause  was  to  be  reported  to  the  Senate. 
No  person  nominated  for  civil  office  and  rejected 
by  the  Senate  could  be  reappointed  in  the  inter 
vals  of  the  session  of  Congress. 

One  of  the  anomalies  of  the  British  Govern- 


of  the  Confederate  States.  SI 

ment  is  that  while  it  has  no  written  constitu 
tion,  there  has  grown  up  an  unwritten  or  con 
ventional  constitution.  There  may  be  no  trace 
of  this  in  any  page  of  the  written  law,  but  it  is 
universally  accepted  and  is  as  authoritative  as 
the  written  law  itself.  One  of  the  most  re^ 
markable  facts  in  English  polity  is  the  exemp 
tion  of  the  Crown  from  all  personal  or  political 
responsibility,  and  instead  thereof  there  is  the 
responsibility  of  the  ministry.  Their  recom 
mendations  and  acts  can  be  discussed  in  Parlia 
ment  and  a  vote  of  disapproval  or  censure  may 
result  in  change  of  the  ministry  or  the  govern 
ment.  As  the  government  is  parliamentary,  and 
a  large  portion  of  the  power  is  practically  trans 
ferred  to  a  cabinet  or  ministry,  each  one  must 
be  a  member  of  Parliament  and  have  the  right 
of  initiative,  even  of  chief  management,  of  legis 
lation,  and  to  appear  and  be  heard  in  defense  or 
otherwise. 

Any  one  familiar  with  public  life  in  Washing 
ton  knows  that,  under  some  administrations, 
there  has  been  an  injurious  lack  of  sympathizing 
intercourse  between  the  Executive  and  Legisla- 


82         Civil  History  of  the  Government 

tive  departments,  and  especially  between  mem 
bers  of  the  Cabinet  and  committees  of  Congress, 
concerned  in  matters  of  mutual  interest.  The 
absence  of  facility  of  communication  often 
proves  a  bar  to  the  easy  and  better  working  of 
the  government.  Hence,  as  far  as  the  wide  dif 
ference  between  a  presidential  and  a  cabinet  gov 
ernment  would  allow,  there  was  in  the  Confed 
erate  Government  an  initiation  in  modified  form 
of  an  essential  feature  of  the  British  Constitu 
tion,  so  far  as  to  allow  the  President  to  be 
heard  on  the  floor  of  the  two  houses  through  his 
constitutional  advisers.  As  a  member  of  a  cabi 
net  could  not  be  a  member  of  Congress,  the  body 
was  authorized  "by  law  to  grant  to  the  principal 
officer  in  each  of  the  executive  departments  a 
seat  upon  the  floor  of  either  house,  with  the 
privilege  of  discussing  any  matters  appertaining 
to  his  department."  The  provision  respecting 
the  appropriation  of  money  upon  estimates  from 
the  Executive,  thus  making  him  responsible 
to  the  popular  representative  body  for  an  eco 
nomical  administration,  combined  with  other 
advantages  which  the  English  system  enjoys, 


of  the  Confederate  States.  83 

caused  the  adoption  of  this  experiment.  The 
necessary  legislation  for  this  judicious  reform 
was  never  put  into  execution,  but  the  restricted 
privilege  worked  well  while  it  lasted,  and  the 
occasional  appearance  of  Cabinet  officers  on  the 
floor  of  Congress  and  participation  in  debates 
worked  beneficially  and  showed  the  importance 
of  enlarging  the  privilege. 

Certain  legislative  restrictions  have  been  men 
tioned  in  connection  with  the  Executive.  A 
plethoric  treasury  is  a  source  of  corruption,  of 
legislative  favoritism,  of  unrepublican  paternal 
ism,  and  with  some  of  our  wisest  statesmen  it 
has  been  a  cardinal  maxim  to  keep  the  govern 
ment  poor.  Under  the  vague  clause  of  "the 
general  welfare,"  the  Government  of  the  United 
States  has  been  guilty  of  using  assumed  powers 
for  personal  and  party  and  sectional  advantage, 
and  the  unjust  discriminations  have  aroused  bit 
terest  discontent  and  hostility.  Subsidies,  boun 
ties,  partnerships  with  corporations,  trusts,  "vast 
plutocratic  combinations  of  incorporated 
wealth,"  fostering  favored  branches  of  industry, 
purchase  of  seats  in  nominating  caucuses,  labor 


84         Civil  History  of  the  Government 

troubles,  communism,  anarchy,  are  all,  more  or 
less,  traceable  to  tlie  collection  and  disbursement 
of  taxes  by  tlie  General  Government. 

As  these  injustices  and  discriminations  were 
among  the  chief  causes  of  Southern  discontent, 
the  Constitution  forbade  Congress  to  levy  and 
collect  taxes,  duties,  imports  and  excises,  except 
for  discharging  the  debts  and  carrying  on  the 
government;  and  from  granting  from  the  treas 
ury  bounties  or  extra  compensation  to  employees 
or  contractors ;  and  from  promoting  or  fostering 
any  branch  of  industry.  Closely  connected  with 
this  was  the  establishment  of  courts  for  the  ad 
judication  of  claims,  the  power  of  Congress  over 
which  was  strictly  limited. 

From  the  frugality  and  economy  of  the 
better  days  of  the  republic,  the  government, 
by  extravagant  expenditures,  has  lapsed  into 
"  billion-dollar  Congresses,"  and  States,  cor 
porations  and  individuals  habitually  look  to 
a  paternal  government  for  protection  and 
support.  It  is  easy  to  see  how  such  a  system 
grows  and  that  dependents  are  ready  in  return 
for  class  legislation  to  be  "  bled  "  to  any  extent 


of  the  Confederate  States.  85 

"bosses"  may  require.  Favored  corporations 
and  businesses,  as  a  mere  investment,  can  give 
prodigally  for  the  success  of  a  party,  on  the  as 
sumption  that  the  partnership  with,  or  favor  or 
"protection"  of,  the  government  would  bring 
an  early  and  adequate  remuneration  for  the  out 
lay.  However  wide  may  be  the  differences  with 
administration  or  party  on  questions  of  great 
moment,  they  are  subordinated  to  the  personal 
benefit  of  "protection." 

The  precautions  against  governmental  wrongs 
were  justified  by  the  history  of  all  governments. 
Error  and  falsehood  and  wrong  and  corruption 
die  slow  deaths  when  they  have  fastened  them 
selves  upon  and  draw  vitality  from  govern 
ments.  We  have  copious  and  harmful  illustra 
tions  of  this  in  the  abuses  which  are  inseparable 
from  an  alliance  of  Church  and  State.  Abuses 
are  more  tenacious  of  life  and  prejudicial  to  the 
people'  when  they  are  intertwined  with  private 
interests.  Government  partnership,  direct  or 
by  legislative  fostering,  in  business  has  become 
apparently  an  incurable  evil  in  our  Federal  and 
municipal  governments.  The  General  Govern- 


86         Civil  History  of  the  Government 

ment  is  habitually  impeded  by  private  cupidity. 
The  welfare  of  the  country  and  great  constitu 
tional  and  economic  principles  are  habitually 
and  successfully  resisted  when  they  stand  in  the 
way  of  the  monopoly  of  a  few  favored  trades. 
The  shrines  of  Diana  must  be  sold  if  those  who 
make  them  belong  to  the  "protected"  classes. 

When  protection  of  a  favored  interest  is  in 
volved  in  an  election,  all  other  issues  sink  into 
insignificance.  Senator  Teller  has  been  already 
quoted  as  saying  that  the  tactics  of  one  of  the 
parties  in  1896  consisted  in  levying  assessments 
upon  manufacturing  institutions.  On  another 
occasion  he  publicly  said  that  the  Sherman  Sil 
ver  Purchase  Act  of  1890  was  the  result  of  an 
agreement  with  certain  silver  senators  as  an  in 
ducement  to  them  to  support  the  McKinley 
tariff.*  Tariff  reform  seems  to  be  one  of  the 
impossibilities  under  our  present  system  of  gov 
ernment.  Plutocracy  and  bossism  have  become 
too  powerful  to  leave  any  hope  of  a  scientific 
and  just  system  of  tariff  revenue.  Selfish  ag- 

*  See  my  address  at  Chicago,  4th  July,  1898,  on 
Calhoun,  pages  26,  27. 


of  the  Confederate  States.  87 

grandizement,  controlling  press  and  parties,  puts 
contempt  on  reformers,  and  through  a  resistless 
political  organization  and  the  corrupting  spoils 
system  pushes  far  into  the  future  the  prospect 
of  an  enlightened  fiscal  policy. 

Facilities  granted  in  one  place  give  preferen 
tial  advantages  and  consequent  disadvantages. 
The  Confederate  Congress  was  therefore  denied 
the  right  to  make  appropriations  for  any  inter 
nal  improvement,  even  to  facilitate  commerce, 
except  for  the  purpose  of  furnishing  lights,  bea 
cons,  buoys  and  other  aids  to  navigation  upon 
the  coasts  and  the  improvement  of  harbors  and 
removing  of  obstructions  in  river  navigation; 
and  the  costs  and  expenses  of  even  these  objects 
must  be  paid  by  duties  on  the  navigation  facili 
tated.  A  State  was,  however,  allowed,  under 
certain  conditions,  to  accomplish  the  work 
within  her  borders  by  levying  a  duty  on  the 
sea-going  tonnage  participating  in  the  trade  of 
the  river  or  harbor  improved.  Any  two  or 
more  States  were  authorized  to  enter  into  com 
pacts  with  one  another  for  the  improvement  of 


88         Civil  History  of  the  Government 

the  navigation  of  rivers  flowing  between  or 
through  them. 

The  franking  privilege  is  greatly  abused,  and 
during  a  presidential  campaign  both  parties  send 
free  tons  of  pamphlets  under  the  flimsy  and  de 
ceptive  pretense  that  they  are  public  documents. 
The  printing  and  carrying  of  much  trash  entails 
a  heavy  burden  and  creates  an  annual  deficit  in 
the  department.  To  correct  such  and  other 
abuses,  the  Constitution  provided  that  after  the 
1st  of  March,  1863,  the  expenses  of  the  Post 
Office  Department  should  be  paid  out  of  its  own 
revenues. 

Changes  were  made  in  reference  to  amend 
ments  of  the  Constitution;  to  admission  of  new 
States,  a  two-thirds  vote  of  each  State  being 
required,  the  Senate  voting  by  States;  to  bank 
ruptcy  laws,  jurisdiction  of  suits  between  citi 
zens  of  different  States  being  withheld;  to 
citizenship,  Federal  courts  and  territories;  to 
correct  abuses  and  give  greater  clearness.  To 
prevent  alien  suffrage,  voters  were  required  to 
be  citizens,  and  senators  were  to  be  chosen  at 


of  the  Confederate  States.  89 

the    session    next    immediately    preceding    the 
beginning  of  the  term  of  service. 

What  was  provided  for  the  protection  of  prop 
erty  in  slaves  is  omitted  as  of  no  practical  value, 
as  African  slavery  has  fortunately  ceased  to 
exist.  It  is  almost  the  only  instance  of  want  of 
foresight  and  courage  in  the  authors  of  the 
Federal  Constitution  that  slavery  was  thrust  as 
far  as  possible  out  of  sight  and  a  euphemistic 
paraphrase  avoided  the  frank  naming  of  what 
portended  future  trouble.  The  timidity  was 
long  afterwards  one  of  the  causes,  or  the  occa 
sion,  which  brought  forth  bitter  fruit  in  a  ter 
rible  war.  Mention  of  the  slave  trade  is  made 
because  on  that  subject  there  has  been  a  per 
sistent  misrepresentation  of  the  action  of  the 
Confederacy  and  of  Southern  sentiment.  A 
modern  writer  of  high  character  and  of  much 
ability  affirms  that  "the  reopening  of  the  slave 
trade  was  a  recognized  feature  of  the  scheme  of 
the  leaders  of  the  Confederacy."  What  was  in 
the  minds  of  the  leaders,  "  unavowed  and  as  yet 
carefully  disavowed,"  I  have  no  means  of  know 
ing  any  more  than  I  have  knowledge  of  the  pur- 


90         Civil  History  of  the  Government 

pose  or  acts  of  "the  large  number  of  slavers  for 
the  Cuban  slave  trade,"  fitted  out  in  New  York 
and  suffered  to  depart  unmolested.* 

Two  grossly  absurd  and  wicked  attempts  were 
made  by  desperate  and  lawless  adventurers  in 
1859  or  1860  to  bring  some  Africans  into 
Southern  ports  or  land  them  on  the  coast.  These 
violations  of  the  law  had  no  sympathy  from 
Southern  people,  and  were  regarded  as  at  least 
semi-piratical. 

Speaking  for  the  Confederate  Congress,  I 
wish  to  testify  in  the  most  explicit  manner  that 
no  proposition  was  made  in  that  body  to  open  or 
connive  at  the  slave  trade,  nor  did  a  single  mem 
ber  favor  such  an  infamous  scheme.  The  con 
vention  of  Alabama,  January  28, 1861,  adopted, 
Mr.  Yancey  voting  for  it,  this  resolution :  "That 
it  is  the  will  of  the  people  of  Alabama  that  the 
deputies  to  the  Southern  Convention  be,  and 
they  are  hereby,  instructed  to  insist  on  the  en 
actment  by  said  convention  of  such  restrictions 
as  will  effectually  prevent  the  reopening  of  the 

*  2  Rhodes'  History  of  the  U.  S.,  369. 


of  the  Confederate  States.  91 

African  slave  trade."  The  Constitution  for  the 
provisional  government  reads:  "The  importa 
tion  of  African  negroes  from  any  foreign  coun 
try  other  than  the  slave-holding  States  of  the 
United  States  is  hereby  forbidden,  and  Congress 
is  required  to  pass  such  laws  as  shall  effectually 
prevent  the  same."  Section  9,  Article  I.,  of  the 
permanent  Constitution  reenacts  almost  in 
ipsissimis  verbis  the  same  prohibition.  "Ne 
groes  of  the  African  race"  is  used  for  "African 
negroes"  and  "or  territories"  is  inserted  after 
"United  States."  These  articles  were  adopted 
without  a  dissenting  voice.  The  Confederate 
Government,  in  organic  law,  by  most  positive 
prohibitions  and  injunctions,  left  no  room  to 
question  its  opposition  to  the  slave  trade.* 

Mr.  Stephens  said  that  the  Constitution  was 
not  only  a  monument  of  the  wisdom,  forecast 
and  statesmanship  of  those  who  constructed  it, 
but  an  everlasting  refutation  of  the  charges 


*  The  best  exposition  of  the  Confederate  Constitu 
tion  with  which  I  am  familiar  is  the  address  of  Hon. 
R.  H.  Smith,  made  to  his  constituents  in  Mobile,  Ala.,    " 
on  30th  March,  1861. 


92         Civil  History  of  the  Government 

which  have  been  brought  against  the  framers 
"as  conspirators  overthrowing  the  Constitution 
of  the  United  States_and  erecting  a  great  slavery 
oligarchy."  Armies  sometimes  crush  liberty, 
but  they  cannot  conquer  ideas.  The  prejudiced 
views  of  the  vital  principles  of  the  Confederate 
Government  blind  many  to  what  is  worthy  of 
adoption  and  prevent  all  the  beneficial  interest 
that  might  be  gained  from  the  knowledge  of  the 
theories  and  views  of  those  who  are  condemned 
without  examination.  In  the  instrument  pre 
judged  there  is  not  a  single  ambiguous  clause, 
not  a  novel  application  of  an  old  principle,  not  a 
possible  encroachment  upon  the  right  of  a 
Northern  State. 

Every  possible  infringement  upon  popular 
liberty,  or  upon  State  rights,  every  oppres 
sive  or  sectional  use  of  the  taxing  power,  was 
carefully  guarded  against,  and  civil  service  re 
form  was  made  easy  and  practicable.  Stubborn 
and  corrupting  controversies  about  tariffs,  post 
office,  improvement  of  rivers  and  harbors,  sub 
sidies,  extra  pay,  were  avoided.  The  taxing 
power  was  placed  under  salutary  restrictions. 


of  the  Confederate  Slates.  93 

Responsibility  was  more  clearly  fixed.  Money 
in  the  treasury  was  protected  against  purchas 
able  majorities  and  wicked  combinations.  Ade 
quate  powers  for  a  frugal  and  just  administra 
tion  were  granted  to  the  General  Government. 
The  States  maintained  their  autonomy,  and  were 
not  reduced  to  petty  corporations,  or  counties, 
or  dependencies. 

The  study  of  the  Confederate  Constitution 
would  be  useful  at  present,  as  there  never  was 
a  time  when  the  need  of  restrictions  and  guaran 
tees  against  irresponsible  power  was  more  ur 
gent.  The  public  mind  has  been  schooled  against 
any  assertion  of  State  rights  or  of  constitutional 
limitations,  and  taught  to  look  with  aver 
sion  and  ridicule  upon  any  serious  attempt  to 
set  up  the  ancient  landmarks.  The  abeyance 
of  State  authority,  reliance  in  actions  and  opin 
ions  upon  Federal  protection  and  aid,  the  vast 
accumulation  of  power  and  influence  at  "Wash 
ington,  the  supposed  necessary  supremacy  of 
the  Central  Government,  have  caused  a  wide 
departure  from  the  theory  and  principles  of  the 
fathers.  It  is  not  easy  to  think  of  the  present 


94         Civil  History  of  the  Government 

government  as  being  the  same  simple,  frugal, 
limited,  constitutional  government  of  the  earlier 
and  better  days  of  the  republic.  In  addition  to 
old  and  familiar  questions  we  have  new  ones  of 
fearful  import.  Expansion,  militarism,  coloniz 
ing,  lifting  up  semi-savages,  maintaining  a  posi 
tion  of  influence  among  the  great  powers  of  the 
world,  extension  of  laws  and  administration 
without  constitutional  grants  and  inhibitions 
over  territory  and  people  acquired  by  purchase 
and  conquest  and  treaty,  are  of  such  vast  con 
cern  and  so  unprecedented  as  to  require  the  best 
minds  of  the  country  and  the  highest  wisdom 
and  integrity.*  Unless  we  are  safeguarded  by 
the  best  precedents  and  the  purest  statesman 
ship,  we  shall  drift  entirely  away  from  the  hopes 


*  The  unification  of  Italy  received  the  enthusiastic 
approbation  of  all  who  condemned  foreign  oppres 
sion  and  favored  Cavour's  "free  Church  in  a  free 
State,"  hut  expansion  and  ambition  to  be  classed 
among  the  Great  Powers  have  saddled  her  with  a 
burdensome  army  and  navy,  and  hence  oppressive 
taxation  and  a  heavy  debt  are  most  crying  evils. 
Corruption,  taxes,  bankruptcy,  are  insuperable 
grievances,  also,  in  Spain,  Portugal  and  Greece. 


of  the  Confederate  States.  95 

and  purposes  of  our  ancestors.  *  "With  the  Con 
stitution  as  it  was  construed  by  Marshall, 
Taney,  Woodbury,  Nelson,  with  a  government 
administered  by  such  men  as  Washington,  Jef 
ferson,  Madison,  Polk;  with  such  statesmen  as 
Calhoun,  Clay,  Wright,  Wythe,  our  country 
could  cover  North  America  without  sacrifice  of 
personal  liberty,  without  peril  to  representative 
institutions,  and  with  unbounded  prosperity.  It 
was  of  "our  confederacy  "  thus  administered 
that  Mr.  Jefferson  wrote  to  Mr.  Madison  in 
1809:  "I  am  persuaded  no  constitution  was  ever 
before  so  well  calculated  as  ours  for  extensive 
empire  and  self-government."t 

*Sir  G.  Cornwall  Lewis,  whom  Bagehot  considered 
the  wisest  English  statesman  of  this  century,  in  his 
Essay  on  Government  of  Dependencies,  uses  this  lan 
guage:  "We  may  reckon  amongst  the  disadvantages 
arising  to  the  dominant  country  from  the  possession 
of  dependencies  that  it  tends  to  generate  or  extend  a 
system  of  official  patronage  in  the  dominant  country, 
and  thus  to  lower  the  standard  of  its  political  moral 
ity." 

tChapter  XIII.  of  my  "  Southern  States  of  the  Ameri 
can  Union." 


96         Civil  History  of  the  Government 


CHAPTEK  IV. 

BOEDER  STATES — PEACE  CONGRESS — LINCOLN'S  AD 
MINISTRATION — JOINING  THE  CONFEDERACY — CON 
TRIBUTIONS — REMOVAL  TO  RICHMOND. 

While  the  border  States,  by  blood,  affinity, 
political  agreement,  and  the  ownership  of  slave 
property,  were  in  full  sympathy  with  the  se 
ceded  States,  there  was  a  strong  Union  senti 
ment  among  them,  a  reluctance  to  adopt  ex 
treme  remedies,  and  a  disposition  to  bear  the 
ills  they  had  rather  than  to  fly  to  the  unknown. 
Traditions,  material  interests,  unwillingness  to 
be  buffers  betwixt  hostile  communities,  and  con 
servatism  restrained  them  from  affiliating  with 
the  Southern  States  or  sharing  their  fate.  The 
commonest  prudence  made  it  important  for  the 
North  to  strengthen  the  Union  sentiment  and 
retain  these  States  in  the  existing  partnership. 
The  policy  to  divide  and  conquer,  produce  dis 
sension,  create  distrust  among  the  States  drawn 
by  natural  ties  into  fellowship,  was  obvious  and 
was  adroitly  pursued.  It  was  feared  that  an 


of  the  Confederate  States.  97 

attempt  to  coerce  the  seceding  States  into  sub 
mission  to  Federal  authority  would  arouse  the 
border  States  to  resistance  and  identification 
with  the  government  at  Montgomery.  This  de 
sire  to  prevent  the  strengthening  of  the  Con 
federacy,  and  some  faint  notions  of  the  right  of 
a  State  to  secede,  induced  some  prominent  per 
sons  to  express  a  wish  that  the  wayward  sisters 
might  be  allowed  to  depart  in  peace.  It  has  been 
asserted  that  Greeley,  Sumner,  and  Chase  were 
willing  to  permit  "the  Southern  States  to  go  out 
with  their  slavery  if  they  so  desired  it." 

Seward,  in  official  papers  and  private  talk,  re 
pudiated  the  right,  and  even  the  wish,  to  use  an 
armed  force  in  subjugating  the  Southern  States 
against  the  will  of  a  majority  of  the  people,  and 
declared  that  the  President  "willingly"  accepted 
as  true  the  cardinal  dogma  that  the  Federal  Gov 
ernment  could  not  reduce  them  to  obedience  by 
conquest.  He  may  have  been  led  to  this  opinion 
by  the  belief  that  the  seceding  States  would 
soon  "find  their  position  untenable,  and  so  be 
forced  ignominiously  back  into  the  Union."  His 
13 


98          Civil  History  of  the  Government 

was  a  temporizing  policy ;  lie  was  playing  a  sub 
tle  game  for  delay,  and  he  was  misled  by  an 
error  as  to  the  transient  nature,  the  "passing 
mania/'  of  the  secession  feeling  at  the  South. 
In  March,  1861,  he  told  Dr.  Russell,  of  the 
London  Times,  that  if  a  majority  of  the  people 
in  the  seceded  States  really  desired  secession 
he  would  let  them  have  it,  but  he  could  not  be 
lieve  in  anything  so  monstrous.  "In  reality, 
those  dwelling  in  the  great  region,  afterwards 
known  as  the  Confederate  States,  were  of  one 
mind."  As  early  as  May,  1861,  there  was  no 
Union  sentiment,  or,  as  Russell  wrote  to  the 
Times,  while  visiting  the  Confederacy,  "as 
suredly  Mr.  Seward  cannot  know  anything  of 
the  South  or  he  would  not  be  so  confident  that 
all  would  blow  over.77  "Because  of  this  hallu 
cination,  Seward  was  prepared  to  precipitate  a 
general  war,  confident  that  the  United  States 
would  emerge  from  it  victorious  and  more  than 
ever  consolidated.'7  The  mad  scheme,  not  "con 
sistent  with  sanity  of  judgment,77  as  a  substi 
tute  for  the  domestic  war,  was  "two  or  more" 


of  the  Confederate  States.  99 

foreign  wars,  which  would  "revolt  the  good  men 
of  the  South."* 

"When  Congress  assembled  in  Washington  in 
December,  1860,  it  devoted  itself  ostensibly  to 
measures  of  compromise  and  pacification.  To 
committees  of  thirteen  in  the  Senate  and  thirty- 
three  in  the  House  were  entrusted  proposals 
of  conciliation  and  adjustment  to  extricate  the 
country  from  the  danger  with  which  it  was  men 
aced.  However,  it  was  soon  manifest  that  the 
Northern  members  were  manoeuvering  for  de 
lay,  in  order  to  paralyze  and  divide  the  South 
and  save  the  border  States  from  acting  with 
their  more  precipitate  sisters.  The  Crittenden 
compromise  was  rejected  rather  contemptuously, 
and  the  Senate  resolved  that  the  Constitution, 
as  it  was,  was  ample  for  the  preservation  of  the 
Union  and  needed  to  be  obeyed  rather  than 
amended.  On  January  22d,  the  two  senators 
and  eight  of  the  representatives  from  Virginia 
issued  an  address  to  the  people,  stating  the  hope 
lessness  of  any  action  on  the  part  of  Congress, 

*  Adams'  Adams,  pages  150,  151,  185,  189,  196. 


100       Civil  History  of  the  Government 

or  of  the  Northern  States,  looking  to  a  proper 
settlement  of  pending  issues,  and  expressing  the 
solemn  conviction  that  prompt  and  decided  ac 
tion  in  convention  would  afford  the  surest  means 
of  averting  an  impending  civil  war  and  preserv 
ing  the  hope  of  reconstructing  a  union  already 
dissolved.  A  peace  conference  was  invited  by 
Virginia  to  assemble  in  Washington  in  Febru 
ary  for  the  purpose  of  devising  a  plan  of  pacifi 
cation  on  terms  of  honorable  adjustment  and  of 
preventing  the  calamity  of  war  or  disunion,  and 
a  very  able  deputation  was  sent.  Twenty 
States — five  Southern — responded  to  the  call, 
and  deliberated  several  weeks.  The  Crittenden 
resolutions,  with  some  modifications,  were  sub 
mitted  by  Virginia  as  an  acceptable  basis  of 
adjustment  and  indignantly  rejected.  A  plan, 
which  was  adopted,  was  submitted  to  Congress 
and  failed  to  secure  its  approval.  The  Speaker 
of  the  House  was  not  allowed  even  to  present 
certain  proposed  amendments  to  the  Constitu 
tion,  and  so  the  peace  conference  was  a  failure. 
The  convention  in  Virginia,  so  reluctant  to  take 
extreme  steps,  tendered  to  Senator  Crittenden, 


of  the  Confederate  States.  101 

by  a  unanimous  vote,  the  thanks  of  the  people 
of  the  State  for  his  able  and  patriotic  efforts  "to 
bring  about  a  just  and  honorable  adjustment  of 
our  national  difficulties."  On  February  22d 
Senator  Vance  declined  to  participate  in  the 
inauguration  ceremonies  in  honor  of  Mr.  Lin 
coln,  who  "comes  with  threats  of  war  and  sub 
jugation  against  my  nation  on  his  lips." 

After  Mr.  Lincoln  delivered  his  inaugural, 
the  Virginia  convention,  then  in  session,  sent  a 
committee  to  wait  on  him  and  to  learn  what 
policy  he  intended  to  pursue  toward  the  seceding 
States.  His  reply  was :  "Not  having  as  yet  seen 
occasion  to  change,  it  is  now  my  purpose  to  pur 
sue  the  course  marked  out  in  the  inaugural." 
When  the  convention  was  deliberating  in  secret 
session  on  the  result  of  the  mission  to  the  Presi 
dent,  he  issued  a  proclamation  calling  forth  the 
militia  of  the  several  States  to  the  number  of 
seventy-five  thousand  for  the  purpose  of  coer 
cion.  Governor  Letcher,  in  response  to  the  call, 
replied  that  Virginia  would  furnish  no  troops 
for  such  purpose,  and  added :  "You  have  chosen 
to  inaugurate  civil  war."  On  the  17th  of  April, 


102       Civil  History  of  the  Government 

the  convention  adopted  an  ordinance  to  repeal 
the  ratification  of  the  Constitution  of  the  United 
States  by  the  State  of  Virginia  and  to  resume 
all  the  rights  and  powers  granted  under  said 
Constitution.  This  action  was  forthwith  com 
municated  to  the  President  of  the  Confederate 
States,  and  he  was  requested  to  send  a  commis 
sioner  to  negotiate  an  alliance,  offensive  and  de 
fensive,  with  the  State  of  Virginia.  Alexander 
H.  Stephens,  the  Vice-President,  was  appointed, 
and  after  a  conference  with  a  committee  of  the 
convention,  it  was  agreed  that  the  whole  mili 
tary  force  and  military  operations  of  the  Com 
monwealth  in  the  impending  conflict  with  the 
Government  of  the  United  States  should  be 
under  the  chief  direction  and  control  of  the 
President  of  the  Confederate  States,  upon  the 
same  footing  as  if  the  Commonwealth  had  al 
ready  become  a  member  of  the  Confederacy. 
The  act  of  secession  was  ratified  by  the  people 
on  the  fourth  Thursday  of  May,  but  on  the  25th 
of  April  the  convention  had  adopted  and  rati 
fied  the  Provisional  Constitution,  and  on  the 
15th  of  June  the  permanent  Constitution  was 


of  the  Confederate  States.  103 

agreed  to.  On  the  day  of  the  first  ratification 
five  gentlemen  were  elected  to  represent  the 
State  in  the  Congress  then  in  session  in  Mont 
gomery.  Among  the  representatives,  first  and 
last,  sent  by  Virginia  to  the  Confederate  Con 
gress,  were  ex-President  Tyler  and  Messrs  Hun 
ter,  Rives,  Preston,  Baldwin,  Russell,  Garnett, 
Montague,  Staples,  Goode,  Bocock — men  who 
would  have  adorned  any  deliberative  assembly 
in  the  world. 

On  the  28th  of  May  North  Carolina  with 
drew  from  the  Union  and  Arkansas  followed 
before  much  time  had  elapsed.  The  action  of 
these  three  States  and  Tennessee  was  largely 
determined  by  their  being  called  on  and  re 
quired  by  President  Lincoln  to  furnish  troops  to 
aid  in  a  subjugation  which  they  denounced  as 
wicked  and  unconstitutional.  As  Richmond 
was  nearer  the  scene  of  future  military  action 
and  as  a  strategic  point  of  far  more  importance 
than  Montgomery,  the  Congress  when  it  ad 
journed  on  the  21st  of  May  resolved  to  meet 
in  Richmond  on  July  21st.  The  President 
was  authorized  to  remove  the  several  executive 


104       Civil  History  of  the  Government 

departments  with  their  archives.  The  hostile 
demonstrations  required  prompt  and  energetic 
action,  and  the  President,  with  his  cabinet, 
soon  proceeded  to  Richmond,  there  to  remain 
until  the  lines  were  broken  at  Petersburg.  The 
removal  was  none  too  early,  for  the  accumula 
tion  of  Federal  forces  on  the  Potomac  showed 
that  the  attack  would  soon  be  directed  against 
Virginia.  The  battle  of  First  Manassas  oc 
curred  the  day  before  the  Congress  met  in 
Richmond. 

Kentucky  and  Missouri  did  not  formally  se 
cede,  but  the  sympathizers  with  the  South  were 
numerous  and  loyal  and  enthusiastic.  Repre 
sentatives  were  admitted  from  these  States  into 
the  Congress,  and  the  troops,  organized  and  in 
dividual,  did  valuable  service.  Bills  for  the  ad 
mission  of  the  States  were  favored  in  speeches 
from  President  Tyler,  Toombs,  Wigfall  and 
others.  I  opposed  ineffectually,  on  the  ground 
that  the  admission  would  be  in  utter  contraven 
tion  of  all  the  principles  underlying  the  forma 
tion  of  the  Confederacy,  and  that  representa 
tives  would  have  no  constituency,  as  the  ma- 


of  the  Confederate  States.  105 

jority  of  the  people  were  not  in  sympathy  with 
us.  These  States  were  soon  in  complete  control 
of  the  Federal  army,  and  those  who  sat  in  the 
Congress  owed  their  pretense  of  an  election  to 
the  few  votes  cast  by  the  soldiers  in  the  army 
from  those  States.  As  early  as  January 
Y,  1861,  Governor  Harris  called  the  atten 
tion  of  the  Legislature  of  Tennessee  to  the  peril 
ous  condition  of  existing  affairs.  A  conven 
tion  was  authorized,  but  an  adverse  vote  pre 
vented  its  assembling.  In  May  a  league  was 
formed  with  the  Confederacy  and  ratified  by 
the  Legislature.  On  June  8th,  by  a  vote  of 
104,913  to  47,238,  the  State  voted  for  seces 
sion  and  on  the  24th  Governor  Harris  issued 
a  proclamation  dissolving  the  ties  which  had 
bound  Tennessee  to  the  Union. 

Tennessee  was  specially  unfortunate  in  her 
division  of  sentiment  and  in  the  bitterness  of 
feeling  which  found  expression,  not  merely  in 
words  but  in  acrimonious  and  bloody  deeds.  In 
his  message  of  November,  1861,  Governor  Har 
ris  reported  as  having  turned  over  to  the  Con 
federacy  thirty-eight  regiments  of  infantry, 


106       Civil  History  of  the  Government 

seven  battalions  of  cavalry  and  sixteen  compa 
nies  of  artillery.  The  State  furnished  one  hun 
dred  thousand  men  to  the  Confederate  army 
and  thirty  thousand  to  the  Union  army,  exclu 
sive  of  negroes.  Early  in  1862  Andrew  John 
son  was  commissioned  as  Military  Governor, 
and  up  to  the  close  of  the  war  there  were  two 
State  governments.  The  occupation  of  the 
State  by  Federal  troops  brought  Tennessee 
practically  into  the  Union,  and  early  in  Jan 
uary,  1865,  the  State  abolished  slavery,  repu 
diated  the  Confederate  debt,  while  the  General 
Assembly,  by  joint  resolution,  declared  that 
death  should  be  inflicted  on  Davis,  Mason,  Sli- 
dell,  Hunter,  Toombs,  Cobb,  Benjamin,  Lee 
and  Breckenridge. 

The  Governor  of  Kentucky  issued  a  procla 
mation  of  neutrality  and  Maryland  forbade 
hostilities  within  her  limits.  These  proclama 
tions  were  akin  in  effect  and  influence  to  the 
declarations  of  Fernando  Wood,  D.  E.  Sickles, 
and  John  Cochrane,  of  New  York,  that  the  city 
would  be  a  free  city,  taking  sides  with  neither 
contestant  and  using  good  offices  for  peace  and 


of  the  Confederate  'States.  107 

adjustment.  Such  declarations,  however  well 
meant,  were  as  impotent  as  a  toy  boat  would  be 
in  resisting  the  cataract  of  Niagara.  Maryland 
rendered  invaluable  aid  in  money  contributed  to 
the  soldiers  and  in  the  ceaseless  ministrations  of 
kindness  to  refugees  and  prisoners. 


108       Civil  History  of  the  Government 


CHAPTER  V. 

REVENUES  OF  THE  CONFEDERACY — TAX  IN  KIND— CUB- 
RENCY — CONSTANT  DEPEECIATION — RELIANCE  ON 
COTTON. 

It  has  sometimes  been  sarcastically  or  cen 
soriously  asked  what  evidence  of  statesmanship 
was  furnished  by  the  Confederate  States.  The 
reply  is  obvious.  The  energies  of  the  Confed 
eracy  were  absorbed  in  the  effort  to  preserve  its 
life  and  protect  its  territory  from  hostile  ag 
gression.  There  was  little  opportunity  or  occa 
sion  for  civic  ability.  The  Constitution,  when 
prejudices  shall  have  subsided,  will  be  regarded 
as  a  great  American  contribution  to  the  science 
of  government.  The  Congress  discharged  its 
duty  when  troops  were  raised  and  officered  and 
adequate  equipments  were  furnished.  ArmO' 
ries  for  army  and  navy,  guns  and  ammunition, 
transportation,  food  and  clothing,  were  what 
pressed  most  heavily  on  the  government.  The 
blockade  of  ports  (which  contributed  so  largely 
to  the  final  overthrow  of  the  Confederacy), 


of  the  Confederate  States.  109 

increasing  occupancy  of  the  territory  within 
the  seceded  States,  absence  of  factories  for 
making  clothing,  and  such  like  hindrances 
made  it  no  easy  task  to  supply  the  needs 
of  soldiers,  especially  when  military  ser 
vice  took  away  from  their  homes  and  business 
a  very  large  proportion  of  all  males  over  eigh 
teen  years  of  age.  An  extended  frontier  by 
land  and  sea,  of  thousands  of  miles,  gave  the 
enemy,  with  numerous  vessels  and  an  organized, 
well-equipped  army  of  over  a  million  of  men  at 
the  close  of  the  first  year  of  the  war,  frequent 
opportunities  for  successful  incursions  and  for 
contracting  our  seven  hundred  thousand  square 
miles. 

The  financial  system  became  the  question 
of  gravest  concern.  Customs-duties  were  a  slim 
reliance  when  incoming  vessels  had  to  run  a 
watchful  and  ever  -  strengthening  blockade. 
Foreign  students  of  Confederate  history  are 
strongly  of  the  opinion  that  the  blockade,  in 
excluding  arms  and  munitions  and  other  neces 
saries  of  war  from  a  country  without  means  of 
supply,  was  the  most  fatal  of  all  the  causes 


110       Civil  History  of  the  Government 

which  conspired  for  our  defeat.  A  war  tax,  very 
burdensome,  was  cheerfully  paid.  Loans  and 
bonds  and  treasury  notes  and  call  certificates 
were  resorted  to.  Partial  relief  was  found  by 
levying  a  tax  in  kind  upon  farm  products,  such 
as  corn,  wheat,  oats,  rye,  potatoes,  peas,  beans, 
sugar,  molassses,  tobacco,  rice,  cotton,  wool, 
hides,  as  well  as  upon  beef,  pork  and  bacon. 
At  the  surrender  there  was  on  the  line  of  the 
railways  and  rivers,  between  Jackson,  Miss., 
and  Montgomery,  Ala.,  enough  corn  to  sup 
ply  the  demand  for  breadstuffs  for  a  full 
twelve-month  or  more.  Abundant  as  was  the 
supply  of  corn,  the  people  were  put  to  "  great 
straits"  to  get  salt  and  sugar  and  coffee  and 
medicines.  As  indicative  of  the  worthlessness 
of  the  currency,  I  paid  $1,250  for  two  mules 
and  $100  for  two  pairs  of  cotton  cards. 
The  farmer  or  planter  was  allowed  to  retain 
fifty  bushels  of  sweet  and  Irish  potatoes, 
one  hundred  bushels  of  corn  or  fifty  bushels 
of  wheat,  twenty  bushels  of  peas  or  beans 
and  a  certain  amount  for  raising  hogs, 
Horses  and  mules  were  impressed,  and  slaves 


of  the  Confederate  States.  Ill 

also,  for  working  on  fortifications.  There  lie 
before  me,  as  I  write,  personal  receipts  for  such 
taxes  levied  on  the  produce  of  my  farm  in  Ala 
bama.  These  receipts  are  on  brown  paper  and 
have  a  dingy,  archaic  appearance.  Nearly  all 
official  papers,  the  school  and  other  books, 
printed  during  the  war,  as  well  as  bonds  and 
currency,  were  on  very  inferior  paper.  A  dis 
tinguished  Alabama  lawyer  in  November,  1863, 
said  that  no  apology,  on  account  of  scarcity  of 
paper,  was  needed  for  his  use  of  a  leaf  torn 
from  a  blank  book. 

All  the  expedients  the  critical  situation  sug 
gested  and  required  could  not  prevent  ruinous 
depreciation  of  notes.  Efforts  were  made  to 
retire  from  circulation  some  of  the  issues  of 
Treasury  notes  by  funding  them  in  bonds,  but 
the  manifest  and  implacable  purpose  of  subju 
gation  and  the  certainty  of  a  long  and  impov 
erishing  struggle  made  it  impossible  for  the 
Government  to  pay  interest  in  specie,  or  to 
redeem  at  maturity.  The  premium  on  coin 
went  up  to  dizzy  heights.  All  agricultural  pro 
ducts  and  articles  of  merchandise  were  inflated 


112       Civil  History  of  the  Government 

to  fabulous  prices.  Those  who  held  a  surfeit 
of  notes  could  find  no  objects  of  investment. 
Under  these  irremediable  conditions,  which 
only  substantial  and  decisive  victories  could 
change  for  the  better,  the  credit  of  the  Con 
federacy  failed,  promises  to  pay  had  no  valid 
basis,  and  the  precedents  of  our  Colonies  and 
of  revolutionary  France  found  new  illustra 
tions  in  the  Confederacy.  Her  notes  became 
as  valueless  as  continental  currency,  or  as 
French  assignats,  or  as  Kruger  "  South  African 
Republic"  paper  money.  On  the  1st  of  October, 
1864,  when  the  end  was  rapidly  approaching,  the 
public  debt  was  $1,126,381,025. 

There  was  in  those  days  a  prevalent  opinion, 
partially  well-founded,  that  Cotton  was  King. 
The  Southern  States  had  a  monopoly  of  this  im 
portant  staple.  The  manufacturing  districts  of 
England  and  of  the  world  were  dependent  on 
this  Southern  product.  The  foreign  and  North 
ern  press  wrote  much  on  the  growth  and  supply 
of  cotton,  the  capabilities  of  India  and  Egypt, 
and  a  Liverpool  journal  declared  this  the  great 
est  question  of  the  civilized  world.  Many  of  the 


of  the  Confederate  States.  113 

leading  men  of  the  South  trusted  in  the  com 
mercial  and  industrial  supremacy  of  cotton,  a 
power  as  great  as  armies  and  navies,  and  relied 
on  it  as  a  political  factor  to  "force  the  hand"  of 
Great  Britain  and  secure  the  recognition  of  the 
Confederate  States  as  an  independent  power.  It 
did  not  seem  an  overstrained  judgment  to  rely 
on  the  efficiency  of  cotton  to  compel  European 
intervention.  Soon  the  manufacturing  districts 
in  England  began  to  feel  the  pressure  of  a 
meagre  supply.  Looms,  which  had  consumed 
forty  thousand  bales  in  a  week,  could  not  hope 
for  more  than  four  thousand.  Prices  went  up 
to  half  a  crown  a  pound  and  remained  at  a  high 
figure.  Disturbances  were  serious  and  opera 
tives  were  thrown  on  parishes  for  relief. 

The  cotton  famine  of  1861-' 6  3,  when  from 
1,500,000  bales  the  supply  diminished  to  11,000, 
produced  most  serious  distress  in  Birmingham, 
Manchester  and  other  manufacturing  centers, 
and  the  want  of  employment  and  consequent  loss 
of  wages  were  most  distressing.  In  spite  of 
these  evil  consequences,  cotton  failed,  in  this 

most  critical  period,  to  demonstrate  supremacy. 
15 


114       Civil  History  of  the  Government 

If  it  had  been  susceptible  of  being  used  promptly 
and  unitedly,  it  is  difficult  to  say  what  might 
not  have  been  its  influence  on  the  conflict.  Per 
haps  no  one  subject,  apart  from  military  cam 
paigns,  elicited  warmer  discussion  or  wider  dif 
ferences  of  opinion  among  congressmen,  news 
papers,  and  those  who,  not  in  public  station,  gave 
serious  thought  to  measures  for  public  safety. 
The  decreasing  supply  of  cotton  stimulated  ef 
forts  at  production  in  other  temperate  latitudes 
and  at  facilitating  export  by  government  per 
mission  or  connivance,  by  running  the  blockade, 
or  by  hurrying  it  on  railroads  to  places  where  it 
could  be  transported  North.  To  use  this  lever 
in  every  possible  way  the  Confederate  Congress 
put  a  discriminating  tax  on  its  production,  and 
legalized  destruction  whenever  it  was  about  to 
fall  into  the  hands  of  the  enemy.  The  distress 
ing  condition  of  operatives  in  England  and 
France,  the  danger  of  strikes  and  internal 
revolution,  the  suspension  of  large  factories, 
seemed  likely  to  compel  foreign  succor  to  the 
government,  and  thus  hindered  the  Confede 
rate  authorities  from  conceding  through  treaty 


of  the  Confederate  States.  115 

negotiation  commercial  privileges  and  advan 
tages.  A  considerable  amount  of  cotton  was 
from  time  to  time  accumulated  as  a  basis  of 
credit,  or  to  pay  for  needed  supplies.  Governor 
Vance  said  that,  at  the  surrender  of  General 
Johnston,  North  Carolina  had  on  hand  11,000 
bales  of  cotton  and  100,000  barrels  of  rosin, 
most  of  which  fell  into  the  hands  of  Fed 
eral  officers.  The  brutal  avidity  with  which 
some  of  these  officers,  after  the  surrender,  used 
the  means  at  their  command  to  "loot"  farms  and 
enrich  themselves  by  seizure  of  cotton  gave  strike 
ing  illustration  of  human  depravity. 

How  to  deal  with  cotton  and  make  it  most 
available  as  an  auxiliary  to  the  Southern  cause, 
as  stated,  did  not  secure  a  concurrence  of  judg 
ment  or  consistent  and  effective  action.  Some 
urged  that  all  cotton  be  seized  by  the  govern 
ment  and  held  as  security  for  bonds  or  Confede 
rate  money;  others,  more  wisely,  the  export  to 
foreign  countries  and  storing  for  the  same  pur 
poses;  others,  the  pledging  of  all  to  Great 
Britain  if  recognition  and  material  aid  would 
thereby  be  secured.  Others,  with  much  earnest- 


116       Civil  History  of  the  Government 

ness  insisted  that  there  should  be  absolute  free 
trade  with  all  nations  except  the  United  States j 
or,  what  was  a  more  favorite  project,  that  there 
should  be  an  agreement  with  Great  Britain  by 
which  she  should  have  a  monopoly,  or  the  ex 
clusive  benefit,  of  the  Southern  trade  for  a 
period  of  twenty  years.  As  some  of  these  pro 
positions  involved  our  foreign  relations,  they 
will  be  treated  under  that  head. 


of  the  Confederate  States.  117 


CHAPTER  VI. 

FOREIGN  RELATIONS — COMMISSION  TO  WASHINGTON — 
DUPLICITY  OF  SEWARD— ENVOYS  TO  EUROPE — COT 
TON  LOAN — EFFORTS  IN  BEHALF  OF  BELLIGERENT 
RIGHTS — RECOGNITION  AND  INTERVENTION — CON 
DUCT  OP  RUSSIA — ENGLAND— FRANCE — C.  F. 
ADAMS — J.  P.  BENJAMIN. 

To  conduct  our  foreign  relations,  President 
Davis  invited  Bobert  W.  Barnwell  to  take  the 
portfolio  of  the  State  Department.  It  has  been 
said  that  it  takes  three  generations  to  make  a 
gentleman.  However  that  may  be,  Barnwell 
was  a  thorough  Christian  gentleman,  of  large 
intelligence,  grave,  dignified,  courteous,  of  judi 
cial  calmness,  of  marked  refinement  of  manners 
and  purity  of  life ;  but  he  positively  declined  the 
promotion,  modestly  distrusting  his  ability. 
Robert  Toombs,  of  Georgia,  was  then  selected, 
although  Mr.  Davis  preferred  that  he  should 
take  the  Treasury  Department.  He  was  chair 
man  of  the  Committee  on  Finance,  and  was  sup 
posed  from  legislative  experience  and  success 


118       Civil  History  of  the  Government 

in  the  management  of  his  own  affairs,  to  have 
peculiar  fitness  for  the  task  of  providing  ways 
and  means  for  a  new  nationality  which  had  not 
a  dollar  in  the  treasury  and  was  even  without  a 
system  of  taxation. 

The  Provisional  Constitution  ordained  that 
immediate  steps  should  be  taken  for  the  set 
tlement  of  all  matters  between  the  States 
forming  the  government  and  their  late  con 
federates  of  the  United  States  "  in  relation 
to  the  property  and  the  public  debt  at  the 
time  of  withdrawal,"  "these  States  hereby  de 
claring  it  to  be  their  wish  and  earnest  desire  to 
adjust  everything  pertaining  to  the  common 
property,  common  liabilities,  and  common  obliga 
tions,  upon  the  principles  of  right,  justice,  equity 
and  good  faith."  In  obedience  to  this  require 
ment,  the  Congress,  before  the  inauguration  of 
the  President,  passed  a  resolution  expressing  its 
wish  that  a  commission  of  three  persons  be  ap 
pointed  by  the  President-elect  and  sent  to  Wash 
ington  "for  the  purpose  of  negotiating  friendly 
relations"  between  the  two  governments  and  for 
the  right  and  equitable  settlement  of  all  ques- 


of  the  Confederate  States.  119 

tions  of  disagreement  between  them  "upon  prin 
ciples  of  right,  justice,  equity  and  good  faith." 
As  shown  by  his  inaugural,  in  which  he  said, 
"If  a  just  perception  of  neutral  interests  shall 
permit  us  peaceably  to  pursue  our  separate  po 
litical  career,  my  most  earnest  desire  will  have 
been  fulfilled,"  the  President  was  in  entire  ac 
cord  with  the  action  of  Congress,  and  next  to 
the  organization  of  the  executive  departments 
was  the  consideration  of  the  commission.  The 
President  had  previously  protested  "solemnly 
in  the  face  of  mankind  that  we  desire  peace  at 
any  sacrifice  save  that  of  honor  and  independ 
ence;  we  seek  no  conquest,  no  aggrandizement, 
no  concession  of  any  kind  from  the  States  with 
which  we  were  lately  confederated;  all  we  ask 
is  to  be  let  alone;  that  those  who  never  held 
power  over  us  shall  not  now  attempt  our  subju 
gation  by  arms.  This  we  will,  this  we  must, 
resist  to  the  last  extremity."  "With  wise  discre 
tion  Martin  J.  Crawford,  of  Georgia,  John 
Forsyth,  of  Alabama,  and  A.  B.  Eoman,  of 
Louisiana,  were  chosen,  and  the  Congress,  on 
the  25th  of  February,  the  day  of  their  appoint- 


120       Civil  History  of  the  Government 

ment,  confirmed  the  act  of  the  Executive.  "In 
furtherance  of  these  accordant  views  of  the  Con 
gress  and  the  people,"  said  the  President  in  his 
first  message,  29th  April,  1861,  "I  made  choice 
of  three  discreet,  able,  and  distinguished  citi 
zens,  who  repaired  to  "Washington.  Aided  by 
their  cordial  cooperation  and  that  of  the  Secre 
tary  of  State,  every  effort  compatible  with  self- 

• 

respect  and  the  dignity  of  the  Confederacy  was 
exhausted  before  I  allowed  myself  to  yield  to 
the  conviction  that  the  Government  of  the 
United  States  was  determined  to  attempt  the 
conquest  of  this  people,  and  that  our  cherished 
hopes  of  peace  were  unattainable." 

These  commissioners  went  at  once  on  their 
mission,  and  on  the  12th  of  March  officially  ad 
dressed  the  Secretary  of  State  (Mr.  Seward), 
informing  him  of  the  purpose  of  their  mission, 
and  stating,  in  the  language  of  their  instruc 
tions,  their  wish  "to  make  to  the  Government  of 
the  United  States  overtures  for  the  opening  of 
negotiations,  assuring  the  Government  of  the 
United  States  that  the  President,  Congress, 
and  people  of  the  Confederate  States  earnestly 


of  the  Confederate  States.  121 

desire  a  peaceful  solution  of  these  great  ques 
tions;  that  it  is  neither  their  interest  nor  their 
wish  to  make  any  demand  which  is  not  founded 
on  strictest  justice,  nor  do  any  act  to  injure 
their  late  confederates."  To  this  no  formal  re 
ply  was  received  until  the  8th  of  April.  The 
annals  of  diplomacy  contain  no  chapter  so  full 
of  duplicity,  insincerity  and  deception  as  that 
which  records  the  conduct  and  utterances  of 
William  H.  Seward,  the  Secretary  of  State  of 
the  United  States,  in  relation  to  this  attempted 
adjustment  of  matters  in  dispute.  He  had  de 
clined  to  receive  the  commissioners  in  any 
official  capacity,  or  to  see  them  personally,  but 
through  Judge  Campbell,  of  the  Supreme 
Court,  he  held  semi-official  intercourse,  orally 
and  in  writing,  the  substance  and  spirit  of 
which  have  provoked  a  controversy  which 
does  not  admit  of  an  honorable  solution. 
The  matter  rests  on  the  relative  integrity  and 
veracity  of  Judge  Campbell  and  Secretary 
Seward,  and  the  South  rests  her  case  confidently 
on  the  accessible  correspondence  between  these 
two  distinguished  men.  Seward  caused  the  Con- 


16 


122        Civil  History  of  the  Government 

federate  representatives  to  be  notified  of  the 
receipt  of  their  communication  to  him,  and 
begged  that  they  should  not  press  for  an  imme 
diate  reply.  Twenty-seven  days  afterwards  a 
reply  without  signature  or  address  was  "filed" 
in  the  State  Department,  but  a  copy  was  not 
handed  to  the  commissioners  until  the  8th  of 
April.  An  oral  answer  had  been  made  at  a 
much  earlier  date.  The  immediate  question  re 
lated  to  the  course  to  be  pursued  by  the  Govern 
ment  at  Washington  towards  Fort  Sumter, 
whether  the  garrison  should  be  withdrawn  or  an 
attempt  be  made  to  relieve  it.  Through  the  in 
termediary,  Justice  Campbell,  assurances  were 
received  from  the  Government  of  the  United 
States  "of  peaceful  intentions,  of  the  determina 
tion  to  evacuate  Fort  Sumter ;  and,  further,  that 
no  measure,  changing  the  existing  status  preju 
dicially  to  the  Confederate  States,  especially  at 
Fort  Pickens,  was  in  contemplation,  but  that  in 
the  event  of  any  change  of  intention  on  the 
subject  notice  would  be  given  to  the  commis 
sioners."  Seward  may  have  been  in  favor  of 
the  quiet  withdrawal  of  the  garrison;  whether 


of  the  Confederate  States.  123 

he  was  or  not,  the  government  at  Montgomery 
was  informed  from  an  authentic  source  that 
the  fort  would  probably  be  evacuated  in  a 
short  time  and  the  danger  of  a  conflict  be 
thus  avoided.  The  evidence  is  that  the  Cabi 
net  of  Mr.  Lincoln,  by  a  vote  of  five  to  four, 
favored  the  abandonment  of  Sumter,  and  the 
commissioners  being  so  informed,  wrote  to  Mr. 
Toombs  that  "if  there  is  any  faith  in  man  we 
may  rely  on  the  assurances  we  have  as  to  the 
status."  On  May  8th,  1861,  President  Davis 
submitted  to  Congress  a  narration  of  the  oc 
currences  which  had  taken  place  between  Judge 
Campbell  and  Secretary  Seward,  and  the  docu 
ments  were  published  in  full  at  the  time  and 
are  now  readily  accessible  to  any  inquirer. 
Judge  Campbell  therein  stated  what  he  had 
done  in  connection  with  the  commissioners  who 
had  been  appointed  to  secure  a  peaceful  adjust 
ment  of  the  pending  difficulties  between  the  two 
governments.  In  the  papers  were  letters  from 
Judge  Campbell  to  President  Davis  and  to  Sec 
retary  Seward,  the  latter  having  been  submitted 
to  Mr.  Seward,  who  did  not  reply  or  publicly 


124       Civil  History  of  the  Government 

question  the  correctness  or  accuracy  of  the  re 
cital.  From  the  conferences  Judge  Campbell 
felt  justified  in  writing  to  Mr.  Seward:  "The 
commissioners  who  received  these  communica 
tions  conclude  they  have  been  abused  and  over 
reached.  The  Montgomery  government  hold 
the  same  opinion."  "I  think  no  candid  man 
who  will  read  over  what  I  have  written,  and 
consider  for  a  moment  what  is  going  on  at 
Sumter,  but  will  agree  that  the  equivocating 
conduct  of  the  administration,  as  measured  and 
interpreted  in  connection  with  these  promises, 
is  the  proximate  cause  of  the  great  calamity." 
He  further  affirmed  the  profound  conviction  of 
military  and  naval  officers  "that  there  has  been 
systematic  duplicity  practiced  on  them  through 
me."  President  Davis  said:  "The  crooked 
paths  of  diplomacy  can  furnish  no  example  so 
wanting  in  courtesy,  in  candor,  in  directness,  as 
was  the  course  of  the  United  States  Government 
toward  our  commissioners  in  Washington." 

There  is  no  doubt  that  the  Cabinet,  probably 
through  the  influence  of  the  seven  "War 
Governors"  who  met  at  the  capital,  reversed 


of  the  Confederate  States.  125 

its  position  and  policy.  Adams,  in  his  life 
of  his  father,  C.  F.  Adams,  says  it  was  lucky 
for  the  country  that  Mr.  Lincoln  was  "more  in 
terested  in  the  distribution  of  offices  than  in  the 
gravity  of  the  crisis'7  (pages  126, 127,  146,  185). 
Seward  continued  longer  his  Machiavellian  pol 
icy  of  evasion  and  deceived  Justices  Campbell 
and  Nelson,  who  acted  as  intermediaries  between 
him  and  the  commissioners.  Seward  had  pro 
fessed  that  no  trouble  would  grow  out  of  a 
change  of  administration  and  that  secession 
would  soon  prove  a  mortifying  failure.  (Adams, 
117,  131,  183.)  It  may  as  well  be  stated  here 
that  among  the  public  men  of  the  South  no  one 
knew  better  than  Mr.  Davis  the  odds  against  the 
Confederacy  in  consequence  of  her  entire  want 
of  preparation  for  the  requirements  of  war.  As 
an  educated  and  trained  soldier,  he  measured 
the  full  force  of  the  struggle,  and  contended  that 
it  was  likely  to  last  a  number  of  years  instead 
of  a  few  months,  as  so  many  predicted.  When 
it  was  proposed  to  enlist  an  army  of  two  or  three 
hundred  thousand  men  for  six  months,  he  op- 


126       Civil  History  of  the  Government 

posed  it  for  military  reasons  and  because  the  war 
was  likely  to  be  long  and  bloody. 

When  it  became  a  fact  that  the  assurances  and 
pledge  as  to  Sumter  were  disregarded,  the  com 
mission  returned  to  make  full  report  of  their 
work.  Publications  from  members  of  Mr.  Lin 
coln's  Cabinet  show  the  dissensions  which  pre 
vailed,  but  the  frank  and  explicit  statements  of 
Judge  Campbell  leave  no  doubt  of  the  double- 
facedness  of  Seward.  The  attack  on  Fort  Sum 
ter  made  unnecessary  all  further  attempts  at  a 
peaceable  settlement,  and  on  May  6th  war  was 
recognized  as  having  been  begun.  Mr.  Rhett, 
as  chairman  of  the  Committee  on  Foreign  Af 
fairs,  submitted  an  exhaustive  report,  vindi 
cating  the  right  of  the  States,  a  right  inherent 
in  all  sovereignties,  to  form  a  new  government 
and  resist  coercion. 

Mention  has  been  made  of  the  possible  and  ex 
pected  benefits  from  the  control  or  sale  of  cotton. 
Through  diplomatic  and  commercial  agents  pro 
posals  for  a  cotton  loan  were  issued  in  March, 
1863,  in  London  and  Paris.  William  L.  Yancey, 
of  Alabama,  to  whom  on  the  day  of  the  inaugu- 


of  the  Confederate  States.  127 

ration  the  option  of  a  place  in  the  Cabinet  or  on 
the  commission  to  Europe  had  been  offered;  A? 
P.  Host,  of  Louisiana,  and  A.  D.  Mann,  of  Vir 
ginia,  were  early  sent  abroad,  with  powers  not 
strictly  denned,  but  with  general  authority  to 
watch  and  act  for  the  welfare  of  the  Confed 
eracy.  They  had  some  supervision  over  the  cot 
ton  loans.  The  bonds  for  the  cotton  loan  bore 
interest  at  7  per  cent  in  sterling,  payable  semi- 
annually.  They  were  exchangeable  for  cotton 
or  redeemable  at  par.  The  special  security  was 
the  engagement  of  the  government  to  deliver 
cotton  to  the  holders.  Each  bond,  at  the  option 
of  the  holder,  was  convertible  at  its  nominal 
amount  into  cotton  at  the  rate  of  six  pence  ster 
ling  for  each  pound  of  cotton,  and  this  could  be 
done  at  any  time  not  later  than  six  months  after 
the  ratification  of  the  treaty  of  peace  between 
the  belligerents.*  The  bonds  were  issued  at  90 
per  cent,  payable  in  installments. 

The  loan  stood  in  London  at  5  per  cent  pre 
mium,    and    this    notwithstanding    the    active 

*  Davis'  Rise  and  Fall  of  Confederacy,  496. 


128        Civil  History  of  the  Government 

and  somewhat  unscrupulous  efforts  of  agents 
of  the  United  States  Government  to  cast 
discredit  upon  the  Government  of  the  Con 
federate  States.  The  fact  that  Mr.  Davis 
lived  in  Mississippi,  which  had  once  repu 
diated  certain  bonds,  was  thought  to  justify 
the  slander  that  he  had  favored  that  action  of 
his  State,  and  would  not  be  restrained  by  any 
conscientious  scruples  from  dealing  in  like  man 
ner  with  creditors  of  the  Confederate  States. 
The  foreign  debt,  the  result  of  this  cotton  loan, 
was  twenty-two  hundred  thousand  pounds,  and 
was  secured  by  about  250,000  bales  of  cotton 
which  the  government  had  collected  for  that  pur 
pose.  This  cotton  was  seized  and  appropriated 
by  the  United  States  Government. 

In  addition  to  the  attempt  to  place  a  cotton 
loan  was  the  effort  to  secure  recognition  as  an 
independent  power.  The  primary  object  of  the 
commissioners  was  to  make  preliminary  arrange 
ments  for  the  more  formal  diplomatic  inter 
course.  There  was  obvious  propriety  in  notify 
ing  all  foreign  governments  of  the  organic 
changes  which  had  occurred  in  America  and  to 


• 


of  the  Confederate  States.  129 

give  prompt  assurance  of  the  desire  to  continue 
with,  all  the  most  amicable  relations.  It  was  no 
easy  task  to  eradicate  the  error,  almost  universal 
in  the  minds  of  European  publicists,  largely 
prevalent  with  writers  and  politicians  in  the 
Northern  States,  that  the  separate  sovereignty 
and  independence  of  the  States  were  merged  by 
the  formation  of  the  Union  into  one  common 
nation,  and  had,  therefore,  ceased  to  exist. 
/*  Access  having  been  obtained  to  the  Secretary 
for  Foreign  Affairs  in  London  and  to  men  of 
equal  position  in  Paris,  the  Southern  position 
was  presented  actively  and  ably,  and  Great 
Britain  and  France  recognized  the  Confederate 
States  as  belligerents  and  entitled  to  the  rights 
and  privileges  accorded  by  the  law  of  nations  to 
belligerency.  Yancey  wrote  a  very  able  paper 
as  a  plea  for  recognition.  Separate  nationality 
or  independence  being  deferred  until  determined 
by  the  arbitrament  of  war,  this  concession  or 
recognition  of  belligerency,  announced  by  Earl 
Russell  in  the  House  of  Commons  on  May  6th, 
was  of  immense  advantage  to  the  struggling  Con 
federacy.  Auxiliary  to  this  was  the  demand 


130       Civil  History  of  the  Government 

from  the  foreign  powers  that  the  blockade  of 
Southern  ports  must  be  effective  and  not  a  mere 
paper  blockade.  Closing  the  ports  by  Executive 
proclamation  thus  became  a  mere  brutum  ful- 
men. 

y  The  treaty  of  Paris  of  1856  was  accepted  by 
Great  Britain,  France,  Kussia,  Prussia,  Austria, 
and  Turkey.  Four  articles  of  maritime  law  were 
adopted  by  the  signatory  powers — that  priva 
teering  be  abolished ;  that  the  neutral  flag  covers 
enemy's  goods  except  contraband  of  war;  fhat 
neutral  goods,  except  contraband,  are  not  liable 
to  capture  under  the  enemy's  flag;  and  that  a 
blockade  to  be  binding  must  be  sustained  by  an 
adequate  force.  Maritime  powers  were  invited 
to  accede  and  had  a  right  to  become  parties  to 
the  agreement.  Europe  and  South  America  no 
tified  of  their  accession,  but  the  United  States 
declined,  not  being  willing  to  surrender  the  right 
to  use  privateers. 

Tn  April,  1861,  the  State  Department  in 
structed  all  the  ministers  to  negotiate  for 
the  United  States  to  become  a  party  to 
the  Paris  compact.  Undoubtedly  the  aim  of  the 


of  the  Confederate  States.  131 

Secretary  was  to  relieve  the  British  Government 
from  all  fear  of  injury  from  privateers  and  to 
remove  excuses  for  foreign  interference  in 
American  affairs.  The  ulterior  purpose  was, 
after  the  United  States  became  a  party  to  the 
declaration,  to  call  on  Great  Britain  and  the 
other  powers  to  help  to  suppress  Confederate 
privateering.  Mr.  Adams  notified  Earl  Russell 
of  the  wish  of  his  country  "to  accede  to  the  prin 
ciples  of  the  treaty  of  Paris,  in  their  entirety, 
pure  and  simple."  The  covert  design  of  the 
wily  Secretary  being  suspected,  Russell  asked 
for  the  insertion  of  a  clause  providing  that  the 
"convention  should  have  no  bearing,  direct  or 
indirect,  on  the  internal  difficulties  now  prevail 
ing  in  the  United  States."  To  circumvent  and 
cripple  the  Confederacy  being  the  object  of  the 
departure  from  the  long-deferred  delay,  Mr. 
Adams  declined  the  addition,  and  to  this  day  the 
United  States  has  not  become  a  party  to  the 
declaration  of  1856. 

The  Confederate  Government  accepted  four 
articles  of  the  convention,  declining  to  sur 
render  privateering,  and  thus,  as  Blaine  said, 


132       Civil  History  of  the  Government 

became  a  party  to  "  an  international  com 
pact."  Using  her  undoubted  right  of  pri 
vateering,  officers  were  commissioned,  vessels 
were  bought  and  captured,  and  under  able  com 
manders  great  damage  was  done  through  them 
to  American  shipping.  "In  three  years  time," 
said  Mr.  Elaine,  "$15,000,000  of  property  had 
been  destroyed,  and  the  shipping  of  the  United 
States  was  reduced  one-half  and  the  commercial 
flag  of  the  Union  fluttered  with  terror  in  every 
wind  that  blew  from  the  whale  fisheries  of  the 
Arctic  to  the  Southern  Cross." 

James  M.  Mason  and  John  Slidell  were  com 
missioned  to  England  and  France,  respectively, 
and  their  capture  on  the  high  seas  by  Commo 
dore  Wilkes  and  forcible  abduction  from  a  Brit 
ish  vessel  gave  rise  to  the  Trent  affair,  which 
was  so  well  managed,  at  the  expense  of  the  mor 
tification  of  much  national  pride  and  self-glorifi 
cation  by  the  United  States  Government,  as  to 
prevent  any  special  advantage  to  the  Confed 
eracy  as  had  been  expected  and  hoped  for  from 
the  illegal  seizure.  These  diplomats,  when  they 
reached  Europe,  gave  themselves  zealously  to 


of  the  Confederate  States.  133 

the  chief  object  of  their  mission — the  obtaining 
of  recognition.  Mr.  Mason  saw  Palmerston  and 
Russell,  but  not  officially,  and  for  some  months 
the  ministry  was  on  the  point  of  uniting  with 
France  in  a  simultaneous  recognition  of  the 
Confederate  States.  In  September,  1862,  Earl 
Russell  wrote  to  Lord  Palmerston:  "I  agree 
with  you,  the  time  is  come  for  offering  media 
tion  to  the  United  States  Government  with  a 
view  to  the  recognition  of  the  independence  of 
the  Confederacy.  I  agree,  further,  that  in  case 
of  failure,  we  ought  ourselves  to  recognize  the 
Southern  States  as  an  independent  State."  Pal 
merston  declared  the  plan  excellent,  and  added: 
"Might  it  not  be  well  to  ask  Russia  to  join  Eng 
land  and  France  in  this  offer  of  mediation?'7 
Other  and  adverse  influences  finally  prevailed 
and  compelled  the  refusal  of  any  acts  favorable 
to  mediation. 

In  France  the  situation  was  different.  The 
Emperor  Napoleon  saw  Slidell  as  many  as  three 
times,  while  numbers  of  the  imperial  household 
and  ministry  held  with  him  unrestrained  inter 
course.  Slidell  evinced  great  diplomatic  skill, 


134       Civil  History  of  the  Government 

and  Oharles  Francis  Adams  says:  "He  failed, 
and  failed  completely,  partly  because  of  the  skill 
and  conduct  of  his  opponents,  partly  from  the 
course  of  events  beyond  his  power  and  control; 
but  the  game  was  a  great  one,  and  it  nowhere  as 
yet  appears  that  he  played  his  hand  otherwise 
than  skilfully  and  for  all  it  was  worth."  The 
recognition  of  the  Confederacy,  the  breaking  of 
the  blockade,  preventing  governmental  inter 
ference  with  the  building  of  vessels  intended  for 
the  Confederacy,  sale  of  cotton  bonds,  were  the 
main  points  in  this  "great  game."  On  the  15th 
of  October,  1862,  M.  Drouyn  de  Lhuys,  the  Min 
ister  of  Foreign  Affairs  in  Paris,  proposed  to 
England  and  Russia  a  joint  offer  of  mediation 
in  the  American  struggle,  beginning  with  an 
armistice  of  six  months.  This  meeting  with  a 
decided  refusal,  Russia  siding  all  the  time  with 
the  United  States,  the  principal  work  of  the  Con 
federate  envoys  failed.  Mr.  Yancey  had  taken 
passage  for  home  on  the  arrival  of  Mason  and 
Slidell. 

The    Hon.  L.  Q.  C.  Lamar    was    appointed 
in  November,  1862,  envoy  to  Russia,  and  he 


of  the  Confederate  States.  135 

spent  the  spring  and  summer  of  1863  in  Lon 
don  and  Paris.  His  great  ability,  large  legal 
and  legislative  experience  and  unusual  conver 
sational  powers  made  his  companionship  much 
sought  after  in  foreign  capitals,  and  he  used  his 
opportunity  vigorously  for  correcting  misappre 
hensions  and  giving  clearer  and  more  philosophic 
views  as  to  the  nature  of  the  Confederacy,  the 
ends  proposed,  and  what  had  been  achieved.  He 
confirms  the  statements  in  reference  to  France. 
"I  know  very  well  that  Louis  Napoleon  was  not 
only  in  favor  of  interfering  in  our  behalf,  but 
warmly  so.  He  received  me  frankly  and  spoke 
with  utmost  kindness  on  the  subject."  The 
state  of  things  in  Russia  not  promising  favorable 
results,  the  mission  was  withdrawn.  Continued 
ill  health  demanding  his  return,  Lamar  sailed 
from  Liverpool  to  Halifax,  thence  to  Bermudas, 
and  succeeded  in  running  the  blockade  at  Wil 
mington. 

The  Hon.  Charles  Francis  Adams,  son  and 
grandson  of  presidents,  a  genial,  intelligent 
gentleman,  patriotic,  self-willed,  courageous,  but 
always  polite  and  courteous,  with  whom  I  had 


136       Civil  History  of  the  Government 

pleasant  acquaintance  in  the  XXXVI  Congress, 
was  the  Minister  Plenipotentiary  in  London  du 
ring  the  whole  period  of  the  war.  He  served 
his  country  with  distinguished  ability  and  suc 
cess,  although  he  had  no  bed  of  roses,  and  all  his 
patience,  tact,  equanimity,  industry,  vigilance, 
knowledge  of  international  law,  were  required 
to  protect  the  interests  of  his  country  in  that 
most  perplexing  and  difficult  time.  Sometimes 
he  was  saddened  by  apparent  failures,  and  grew 
almost  despondent  over  the  unsatisfactory  rela 
tions  with  Great  Britain  and  in  not  being  able 
to  make  Russell  and  Palmerston  see  things 
through  his  eyes.  His  biographer  resents  the 
appearance  in  London  of  diplomatic  emissaries 
of  different  types,  against  whom  the  Minister 
was  at  last  compelled  to  make  active  remon 
strance.  Some  were  men  of  repute  and  energy 
and  discretion;  others  were  puffed  up  with  their 
own  importance,  and  were  busy  intermeddlers, 
to  their  country's  hurt,  in  what  they  did  not 
understand. 

At   one   time   the    State   Department,  with 
the  approval  of  Mr.  Lincoln,  invited  Messrs. 


of  the  Confederate  States.  137 

Winthrop,  E.  Everett,  J.  P.  Kennedy,  Arch 
bishop  Hughes  and  Bishop  Mcllvaine  to 
visit  Washington,  with  a  view  to  their  going 
abroad  in  order  that  they  might,  in  London, 
Paris  and  elsewhere,  counteract  the  influence 
and  labors  of  Southern  representatives.  The 
project  was  temporarily  withdrawn,  Winthrop, 
Everett  and  Kennedy  for  various  reasons  being 
disinclined  to  the  service,  but  in  the  following 
month  Hughes  and  Mcllvaine  went  out.  Evarts, 
Beecher  and  Weed  were  also  commissioned,  but 
not  to  interfere  with  the  accredited  Plenipo 
tentiary. 

During  the  dark  and  troublous  days  pre 
ceding  and  after  the  election  of  Mr.  Lincoln, 
Adams  and  Lamar,  as  fellow-members  in  the 
House  of  Representatives,  were  not  infrequently 
seen  in  close  and  familiar  converse.  Lamar 
spoke  to  me  of  the  pleasure  and  profit  he  derived 
from  the  interchange  of  ideas,  and  commended 
Mr.  Adams  to  me  as  one  whose  acquaintance 
should  be  sought  and  cultivated.  If  they  had 
met  in  London,  when  the  air  was  full  of  rumors 
and  when  there  was  the  collision  of  sharpest  in- 

18 


138       Civil  History  of  the  Government 

tellects  on  every  theatre,  political,  diplomatic, 
social  and  commercial,  the  conversation  would 
have  been  worthy  of  record  by  the  most  saga 
cious  chronicler. 

Near  the  then  hastening  collapse  of  the  Con 
federacy,  in  the  early  part  of  1865,  the  Presi 
dent  appointed  the  Hon.  Duncan  F.  Kenner,  of 
Louisiana,  as  special  commissioner  to  Europe, 
but  mainly  to  Great  Britain.  Mr.  Kenner  had 
unbroken  service  in  the  Congress  from  the  or 
ganization  of  the  government  at  Montgomery, 
and  for  the  greater  part  of  our  history  was  the 
chairman  of  the  Committee  on  Finance.  He 
was  a  discreet,  well-informed  and  able  man,  of 
large  business  experience  and  acquaintance,  and 
from  his  intimacy  with  Mr.  Davis  and  Mr.  Ben 
jamin  and  his  familiarity  with  all  legislation  and 
financial  operations,  was  not  surpassed  by  any 
public  man  in  knowledge  of  the  needs  and  re 
sources  of  the  Confederacy.  The  meagre  exist 
ing  records  of  the  State  Department  and  of 
diplomatic  correspondence  furnish  no  copy  of 
the  instructions  to  this  special  envoy,  but  he  had 
large  and  unusual  discretionary  powers,  which 


of  the  Confederate  States.  139 

authorized  him  to  negotiate  on  the  questions  of 
slavery  and  trade  and  finances.  Long  delays, 
annoying  detentions,  and  the  rapidly  falling  and 
despairing  fortunes  of  the  Confederacy  pre 
vented  him,  upon  his  arrival  in  London,  from 
accomplishing  any  part  of  the  purpose  of  his 
mission,  or  even  from  making  a  serious  effort 
thereto.  Mr.  Kenner's  narrative  of  his  jour 
ney  to  and  brief  stay  in  New  York,  his  secre 
tion  by  friends,  his  disguises,  his  evasion  of 
spies,  his  final  embarkation,  his  moving  "acci 
dents  by  flood  and  field/7  was  of  thrilling  in 
terest,  and  I  urged  him  several  times  after  his 
return  to  commit  to  writing  his  experiences  and 
adventures  and  the  objects  of  his  mission  as  an 
honorable  episode  in  his  life  and  as  throwing 
light  upon  an  unknown  portion  of  our  history. 
During  the  entire  life  of  the  Confederacy, 
Judah  P.  Benjamin  was  one  of  the  constitu 
tional  advisers  of  the  President,  and  in  the  days 
of  hopes  deferred  and  disappointed,  when  Con 
federate  agents  were  so  active  in  trying  to  se 
cure  foreign  recognition  and  intervention,  he 
was  at  the  head  of  the  State  Department,  with 


140       Civil  History  of  the  Government 

hands  fettered,  it  is  true,  but  displaying  enor 
mous  energy  and  capacity.  Benjamin  was  born 
of  Hebrew  parentage  in  one  of  the  West  Indies, 
and  came,  at  an  early  age,  with  his  father  to 
New  Orleans.  He  studied  law  and  secured  a 
large  and  lucrative  practice.  In  the  Supreme 
Court  of  the  United  States  he  could  fitly  be  com 
pared  with  Wirt,  Pinkney,  Carter  and  Choate. 
His  magnificent  speech  in  the  Senate,  in  reply 
to  Seward  on  the  Dred  Scott  decision,  was  a 
masterpiece  of  polemic  discussion  and  placed 
him  in  the  foremost  rank  of  the  parliamentary 
orators  of  our  time.  Calm  and  courteous  in 
manner,  with  a  voice  as  musical  as  silver  bells, 
with  marvelous  lucidity  of  statement  and  power 
of  analysis,  with  minutest  acquaintance  with 
every  detail  of  facts  and  principles,  with  merci 
less  logic  exposing  sophistry;  in  precise  and 
guarded  language  charging  misrepresentation, 
evasion,  and  perversion,  every  sentence  a  ra 
pier  thrust  bringing  blood;  holding  auditors, 
friend  and  foe,  in  breathless  attention,  he  added 
a  new  lustre  to  the  great  council  chamber,  which 
for  fifty  years  has  been  the  theatre  of  oratory 


of  the  Confederate  States.  141 

and  statesmanship.  Escaping  abroad  after  the 
surrender,  he  began  the  practice  of  his  profession 
in  London,  became  Queen's  counsel,  and  a 
learned  Scotch  judge  (Lord  Shand)  told  me 
some  years  ago  in  Seville  that  he  stood  at  the 
head  of  the  English  bar.  With  much  perse 
verance  and  readiness  and  physical  endurance, 
after  sitting  up  all  night,  he  was  fresh  the  next 
morning  for  argument  in  court  or  Senate  or  for 
diplomatic  labors.  With  the  versatility  of  a 
self-originating  intellect,  a  retentive  memory, 
command  of  immense  resources,  strongest  con 
viction  of  the  rightfulness  of  the  Confederate 
cause,  he  managed  matters  committed  to  his 
hands,  when  the  house  was  tumbling  about  his 
ears,  with  a  cheerful  courage  and  hopefulness 
that  made  him  a  wonder  and  a  stimulating  exam 
ple  in  times  of  adversity  and  peril. 


142       Civil  History  of  the  Government 


CHAPTEK  VII. 

DAVIS'  RE-ELECTION — UNANIMITY  OF  THE  SOUTH — CON- 
TKAST  OF  RESOURCES — INDIVIDUALITY  OF  THE  STATES 
AS  SEEN  IN  NORTH  CAROLINA,  GEORGIA,  VIRGINIA. 

By  the  unanimous  vote  of  the  Electoral  Col 
lege,  Mr.  Davis  was  President  for  the  second 
time,  as  by  a  like  vote  he  had  been  called  to  be 
Chief  Executive  in  the  initiative  period.  The 
second  inauguration  under  a  constitution  and 
government  then  called  "permanent/'  now 
sounding  as  irony  or  sarcasm,  occurred  in  Rich 
mond  on  the  22d  of  February,  1862,  the  Presi 
dent  reading  the  paper  and  taking  the  oath  while 
standing,  during  a  snowstorm,  on  a  platform 
erected  beneath  the  bronze  group  surrounding 
the  Washington  monument. 

After  a  year's  experience,  the  hopes  of  the 
people  were  undimmed  and  their  loyalty  was  un 
shaken.  To  the  lessening  number  of  the  sur 
vivors  of  the  war  few  statements  are  more  sur 
prising  than  the  oft-repeated  one  of  wide  divi 
sions  among  the  citizens  of  the  South.  Much 


of  the  Confederate  States.  143 

misapprehension  seems  to  exist,  to  be  indus 
triously  fostered,  as  to  Southern  sentiment  in 
1861.  It  is  charged  that  there  was  a  wanton 
and  precipitate  severing  of  the  relations  to  the 
Union,  and  that  the  masses  were  hurried  along 
against  their  better  judgment  by  ambitious  and 
unscrupulous  leaders.  Dr.  Palmer,  in  his  ad 
dress  before  the  recent  Confederate  reunion 
(May  30-June  3,  1900),  forcibly  says: 

"It  is  simple  folly  to  suppose  that  such  a 
spontaneous  uprising  as  that  of  our  people  in 
1860  and  1861  could  be  effected  through  the 
machinations  of  politicians  alone.  A  movement 
so  sudden  and  so  vast,  instantly  swallowing  up 
all  minor  contentions,  would  only  spring  from 
some  great  faith  deeply  planted  in  the  human 
heart,  and  for  which  men  were  willing  to  die. 
Whatever  may  have  been  the  occasion  of  the 
war,  its  cardo  causae,  the  hinge  upon  which  it 
turned,  was  this  old  question  of  State  sover 
eignty  as  against  national  supremacy.  As  there 
could  be  no  compromise  between  the  two,  the 
only  resort  was  an  appeal  to  the  law  of  force,  the 
ultima  ratio  regum." 


144       Civil  History  of  the  Government 

Separation  was  reluctantly  accepted  as  a  dire 
alternative  even  by  those  who  were  said  to  be 
secessionists  per  se.  It  was  only  after  the  con 
viction  became  deep-settled  that  the  powers  of 
the  Union  were  to  be  used  aggressively  and  in 
juriously  against  the  South,  that  a  determina 
tion  was  slowly  reached  to  let  the  Union  go  and 
to  save  the  Constitution.  The  conviction  was 
well-nigh  unanimous  in  the  seven  seceding 
States,  and  was  as  strong  among  those  who  ad 
vised  conference,  cooperation,  delay,  "fighting 
in  the  Union,"  as  among  those  who  favored  the 
speedier  formation  of  a  new  government.  All 
classes  shared  in  the  fear  that  the  Union  was  to 
be  perverted  from  its  original  intent.  The  Con 
stitution  was  an  object  of  worship.  Attachment 
to  it  was  akin  to  idolatry,  as  was  demonstrated 
by  its  substantial  adoption  as  the  organic  law 
of  the  Confederacy.  When  sectional  feeling  at 
the  ^sTorth,  growing  out  of  different  interests  and 
ideas,  embodied  itself  in  the  dominance  of  a  hos 
tile  party  and  the  election  of  a  President  who 
was  to  accomplish  by  Federal  agency  what  the 
States  who  elected  him  had  sought  to  do  by  State 


of  the  Confederate  States.  145 

action,  the  seceding  States  lost  confidence  in  con 
tinued  security  for  their  property  and  equality. 

The  Constitution,  the  instrument  and  bond  of 
Union,  had  been  largely  in  its  framing  the  crea 
tion  of  Southern  statesmen,  and  the  Federal 
Government,  the  creature  of  the  Constitution, 
had  been  shaped  and  administered,  for  many 
years,  by  Southern  men.  When  a  sad  choice  was 
forced  on  the  South — a  Union  without  the  Con 
stitution,  or  the  Constitution  to  be  administered 
by  those  who  respected  and  valued  it — with  sur 
prising  unanimity  the  choice  was  made  to  pre 
serve  the  Constitution. 

An  extract  given  on  a  former  page  from  a 
Georgia  document  presented  with  force  the 
unity  of  sentiment  on  the  part  of  the  people. 
The  manly  defence  of  those  who  did  not  hold 
slaves  was  more  than  justified  by  the  composi 
tion  of  the  army  and  the  ready  flocking  of  all 
who  could*  bear  arms  to  the  Confederate  stand 
ard.  Hundreds  of  officers  and  thousands  of  pri 
vates  never  owned  slaves,  and  their  cheerful  and 
intelligent  determination  to  sustain  the  rights 

of  the  States  and  constitutional  principles  was 

19 


146       Civil  History  of  the  Government 

as  clear  and  courageous  as  that  exhibited  by 
more  wealthy  comrades.  In  the  annual  Confed 
erate  reunions  one  sees  the  same  unquestioning 
devotion  to  heroes  and  companions  as  when  men 
were  mowed  down  by  the  bloody  scythe  in  the 
carnage  of  battle.  Those  sneered  at  by  Northern 
pens  and  tongues,  never  by  Southern  men  and 
women,  as  "poor  whites,"  showed  the  same  indis 
tinguishable  courage  and  endurance  and  the 
same  unquenchable  patriotism  as  their  fellows. 
"With  all,  equal  sorrow  over  defeats,  equal  re 
joicing  over  victories,  equal  devotion  to  Jackson 
and  Lee. 

Mr.  Goldwin  Smith,  in  his  "  Political  His 
tory  of  the  United  States"  (pages  256-257), 
says :  "  It  was  complained  that  the  slave-owners, 
by  various  subterfuges  escaped  while  they  thrust 
the  poor  under  fire."  This  is  not  a  direct  charge, 
but  an  intended  implication  equally  effective, 
and  has  been  made,  less  equivocally,  by  other 
writers.  A  gallant  Confederate  colonel  from 
North  Carolina,  who  was  in  the  army  from 
Manassas  to  Appomattox,  to  whom  I  read  the 
quotation  from  Professor  Smith,  said  with  em- 


of  the  Confederate  States.  147 

phasis,  "  It  is  a  vile  slander.  I  can  recall  but 
one  slave-owner  in  my  county  who  was  not  in 
the  army,  and  he  was  in  the  commissary  depart 
ment."  Governor  Porter,  of  Tennessee,  in  ser 
vice  from  the  beginning  to  the  end  of  the  war, 
bears  testimony  to  the  presence  of  the  knight 
hood  of  the  country  in  the  heat  of  the  con 
flicts.  I  have  gone  over  the  list  of  "Field  Offi 
cers,  Regiments  and  Battalions  of  the  Confede 
rate  States  Army"  (ninety-one  pages),  and  while 
I  do  not  pretend  to  have  known  even  half  of 
them,  yet  my  acquaintance  was  very  extensive, 
especially  in  Alabama,  and  I  have  no  hesitation 
in  asserting  that  the  accusation  is  without  any 
just  basis.  The  language  is  an  insult  to  those 
charged  with  being  "thrust"  into  the  dangerous 
foreground,  as  implying  an  unwillingness  to 
defend  their  country,  slavish  subservience  to  a 
comparatively  small  number  of  our  population 
and  an  inability  to  protect  themselves  from 
the  wrong  and  injustice  of  their  neighbors.  The 
proportion  of  slave-owners  to  the  whole  popula 
tion,  including  their  families  in  the  estimate, 
was  very  small.  The  charge  is  but  a  part  of  the 


148       Civil  History  of  the  Government 

systematic,  incorrigible,  un  verifiable  statements 
which,  for  a  bad  purpose,  are  repeated  in  many 
of  the  histories  written  by  the  conquerors.  In 
the  Southern  army  were  no  Hessians;  no  pur 
chased  alien  troops;  no  products  of  "bounty- 
jumpers,"  nor  of  subsidies  of  States  to  relieve 
their  citizens  from  draft;  no  hirelings  with 
promise  of  luxurious  pensions;  but  as  our  ranks 
were  decimated  by  battle  and  sickness,  the 
vacancies  had  to  be  filled,  if  filled  at  all,  by  in 
creasing  the  minimum  and  maximum  age  of 
liability  to  service.  "No  recruits  came  to  the 
Confederates;  there  was  no  nation  or  people 
upon  whom  we  could  call  for  help ;  ours  was  the 
orphan  nation  of  the  world,  poor,  naked  and 
hungry."*  In  appointments,  in  promotions,  in 
service  rendered,  in  distinctions  won,  in  loyalty 
and  patriotism,  there  was  no  line  of  demarcation 
in  the  Confederate  army  between  classes,  be 
tween  slave-owner  and  non-slave-owner,  between 
rich  and  poor.  The  chiefs  in  command,  Lee, 
the  Johnstons,  Jackson,  Forrest,  Semmes,  Buch- 

*Address  of  Gov.  Porter,  at  Paris,  Tenn.,  Oct.  13, 1900. 


of  the  Confederate  States.  149 

anan  and  others,  have  elicited  eulogiums  with 
out  stint  from  foreign  critics  for  their  skill  and 
genius  in  campaign  and  in  battle.  None  the 
less  of  praise  and  merit  is  due  to  the  rank  and 
file  of  all  classes  who  secured  the  undying  fame 
of  these  officers.  It  is  strange  that  Northern 
writers  do  not  see  that  detraction  from  the 
endurance  and  valor  and  patriotism  and  skill 
of  Southern  soldiers  is  a  subtraction  from  the 
credit  due  to  Northern  soldiers  for  winning 
after  years  of  sacrifice  the  final  and  complete 
victory  over  their  antagonists. 

The  valor,  the  skill  and  the  determination  of 
the  Northern  army  to  win  will  be  acknowledged 
by  all  fair-minded  persons.  These  qualities  shine 
with  conspicuous  lustre  when  presented  against 
the  background  of  the  extraordinary  qualities 
of  the  Confederates.  In  them  the  United 
States  had  quite  another  opponent  than  Spain 
furnished,  or  than  Germany  had  when  mea 
suring  swords  with  Austria  or  France.  With 
diminishing  numbers,  inferior  equipments,  un 
der  every  possible  disadvantage,  the  Confede 
rates  sustained  for  four  years  the  unequal  con- 


150       Civil  History  of  the  Government 

flict,  compelling  their  adversaries  to  resort  to 
every  available  expedient,  even  the  most  extreme 
which  the  laws  of  war,  always  cruel  and  heart 
less,  can  justify  or  palliate.  In  his  march 
through  Mississippi,  General  Sherman  burned 
bridges,  destroyed  cars  and  locomotives,  and 
gave  to  the  flames  vast  quantities  of  cotton  and 
corn.  In  his  official  report  of  operations  in 
Georgia,  he  said:  ""We  consumed  corn  and 
fodder  in  the  region  of  country  thirty  miles  on 
either  side  of  the  line  from  Atlanta  to  Savan 
nah;  also,  the  sweet  potatoes,  hogs,  sheep  and 
poultry,  and  carried  off  more  than  ten  thousand 
mules  and  horses.  I  estimate  the  damage  done 
to  the  State  of  Georgia  at  $100,000,000,  at 
least  $20,000,000  of  which  inured  to  our  benefit, 
and  the  remainder  was  simply  waste  and  de 
struction."  In  South  Carolina  and  North  Caro 
lina  the  Weylerism  was  more  pronounced. 
Shenandoah  Valley  was  "laid  waste  and  ravaged. 
Grant  ordered  Sheridan  to  spare  nothing  from 
destruction  that  might  any  longer  furnish  the 
means  of  subsistence  to  the  enemy."  The  con* 
quest  of  the  Confederacy  was  so  difficult  that 


of  the  Confederate  States.  151 

by  calls,  conscription,  bounties  and  other  Fed 
eral  enticements,  the  army  and  navy  ran  up  to 
more  than  three  millions  of  men  against  six 
hundred  thousand  Confederates.  At  one  time, 
General  Grant  had  under  arms  at  his  command 
700,000  soldiers.* 

Goldwin  Smith  says  that  the  bulk  of  the 
Northern  army  "to  the  end  was  native,  though 
it  included  many  Germans,  British  and  Irish, 
who  had  been  naturalized."  "  The  South,  al 
most  from  the  first,  resorted  to  conscription."  f 
It  is  not  easy  to  deal  with  such  inventions  in  a 
calm  historic  spirit.  Conscription  at  the  South 
was  not  "almost  from  the  first."  The  earliest 
act  passed  was  in  April,  1862,  and  its  enforce 
ment  was  by  no  means  general  or  attended  with, 
harshness.  In  South  Carolina  and  other  parts 
of  the  South  the  law  was  scarcely  felt,  as  those 
liable  to  military  service  were  already  at  the 
front.  In  Tennessee  it  was  not  put  in  execution, 
and,  until  the  close  of  the  war,  the  enlistment  of 

*3  Library  of  American  History,  pp.  149,  151, 163. 
tPolitical  History  of  United  States,  p.  256. 


152       Civil  History  of  the  Government 

troops  did  not  require,  except  in  individual  in 
stances  or  particular  localities,  either  stringency 
or  cruelty.  What  Professor  Smith  states  as  to 
"the  bulk"  of  the  army  being  natives,  may  be 
put  over  against  the  official  and  other  well- 
known  facts.  Early  in  the  struggle,  the  Federal 
Government  saw  that  "ninety  days''  would  not 
suffice  for  finishing  it,  and  that  a  single-handed 
contest  would  be  long  and  doubtful.  Agents,  in 
cluding  the  commissioners  mentioned  on  page 
137,  were  dispatched  to  Europe,  to  plead  the 
cause  of  the  Union  and  to  entice  by  bounties  and 
other  seductions  as  many  men  as  possible  to  en 
list  in  the  Union  army.  According  to  official 
statistics,  furnished  by  the  Federal  Secretary  of 
War,  more  than  720,000  foreigners  came  over 
and  were  enrolled  against  the  South.  How 
many  negroes  were  in  the  Union  army,  swell 
ing  the  unparalleled  odds  against  the  South,  I 
have  not  been  able  to  ascertain,*  but  careful 
statisticians  calculate  that  from  the  entire 


*See  article  of  M.  V.  Moore,  in  New  Orleans  Times- 
Democrat,  June,  1900. 


of  the  Confederate  States.  153 

South  more  than  500,000,  including  negroes, 
were  under  the  flag  of  the  Union.  A  maximum 
estimate  of  the  troops  in  the  Confederate  army, 
from  beginning  to  end,  would  be  700,000.  To 
crush  the  Confederacy  the  United  States  had  on 
her  rolls  2,788,304.  The  strength  of  the  army 
at  the  close  of  the  war  was  797,007  present, 
202,700  absent.  The  strength  of  the  Confed 
erate  army  at  the  surrender,  according  to  Sec 
retary  Stanton's  estimate,  the  highest  given, 
was  174,223. 

Early  in  the  struggle  the  North  realized  that 
the  South  could  not  be  defeated  in  a  single- 
handed  contest,  and  so  seductive  bounties,  with 
prospect  of  future  pensions,  were  held  out  to 
promote  the  enlistment  of  the  over-crowded 
population  of  Europe.  With  this  preponderant 
avoirdupois,  equipped  and  supported  without  a 
day's  failure  of  subsistence,  four  years  of  gigan 
tic  struggle,  with  a  thousand  battles,  unsur 
passed  by  Napoleonic  wars,  were  needed  to  sub 
jugate  the  handful  of  badly  armed,  poorly  clad, 
poorly  fed  Southern  soldiers.  In  keeping  alive 
the  memory  of  the  achievement  of  such  men 


154       Civil  History  of  the  Government 

and  of  the  principles  •which  animated  them  and 
elicited  such  superhuman  devotion,  we  are  at 
the  same  time  honoring  those  who  won  in  the 
struggle.  "When  Northern  writers  and  politi 
cians  decry  our  men  and  cause,  they  depreciate 
their  own  people  and  disparage  their  courage 
and  gallantry.  Alexander  of  Russia  gave  audi 
ence  to  a  deputation  from  the  French  assem 
bly  when  the  allied  armies  occupied  Paris.  The 
Frenchmen  said:  "Sire,  we  have  been  waiting 
a  long  time  for  your  Majesty."  The  Emperor 
replied  happily:  "You  owe-  the  delay  only  to 
French  valor." 

To  carry  on  a  war,  offensive  or  defensive,  for 
a  series  of  years,  is  far  more  than  fighting  bat 
tles,  winning  victories,  or  sustaining  defeats. 
Quartermaster,  subsistence,  ordnance,  pay  and 
medical  departments  are  necessary  to  meet  the 
wants  of  men  brought  together  in  large  num 
bers  and  to  make  effective  the  fighting  power 
of  an  army,  "and  the  talent  to  satisfy  these  with 
order,  economy  and  intelligence  forms  the 
science  of  administration."  Troops  must  be  pro 
cured,  supplied  with  shelter,  food  and  clothing, 


of  the  Confederate  States.  155 

armed,  transported,  paid,  cared  for  when  sick 
or  wounded,  and  everything  possible  must  be 
provided  for  their  strength,  health,  spirit  and 
effectiveness. 

To  make  the  best  possible  use  of  all  the 
forces  in  the  field,  it  is  necessary  to  provide  an 
efficient  means  of  transport  and  a  well-arranged 
system  of  supply,  and  these  the  North  had  su 
perabundantly,  in  addition  to  her  active  busi 
ness,  open  ports,  plenty  of  money,  greater 
population,  and  an  inexhaustible  and  available 
European  supply  of  men.  Equipment  and  sup 
plies  were  rarely  hindered  by  lack  of  transpor 
tation.  Probably  among  the  most  marked  fea 
tures  connected  with  the  supply  of  the  Federal 
armies,  were  the  use  of  the  ocean,  of  railroads 
and  navigable  rivers,  and  the  facility  with  which 
depots  could  be  and  were  changed  so  as  to  be 
always  in  touch  with  the  armies  in  all  their 
various  movements.  The  extent  of  the  base  of 
operations,  or  the  portion  of  country  from  which 
reinforcements  and  supplies  could  be  obtained, 
gave  the  armies  great  advantage  in  selecting 
lines  of  invasion  exempt  from  interception  when 


156       Civil  History  of  the  Government 

defeated.  Jackson  in  1862  flanked  Pope  and 
cut  him  off  from  the  upper  Potomac,  but  could 
not  prevent  him  from  reaching  Alexandria.  In 
1863,  when  Grant  was  baffled  on  the  Rapidan, 
he  changed  his  base  as  he  moved  around  suc 
cessively  to  the  Pamunkey  and  the  James.  The 
country  commanding  a  sea  is  limited  as  to  the 
amount  of  stores  it  can  transport  only  by  the 
capacity  of  the  vessels  it  has  at  command.  The 
Quartermaster  Department  had  in  charge 
during  the  war,  on  ocean  and  lakes,  399  vessels, 
having  a  gross  tonnage  of  13,706  tons,  and 
there  were  238  vessels  employed  in  the  lake  and 
ocean  service,  having  a  tonnage  of  165,248  tons, 
which  were  owned  by  the  government.  There 
were  119  steamers,  305  barges,  and  109  coal 
drayage  boats  and  floats  belonging  to  the  United 
States  on  the  Mississippi  River  and  its  tributa 
ries  and  at  Mobile.  Besides  these,  the  Quarter 
master  Department  had  chartered  for  the  same 
waters  1,750  steamers  and  other  vessels.  The 
theatre  of  war  was  bounded  largely  by  the  At 
lantic  and  Gulf  coasts,  and  the  supremacy  on 
the  water  made  possible  the  Peninsular  cam- 


of  the  Confederate  States.  157 

paign  and  the  capture  of  desirable  points.  The 
supply  of  armies  operating  against  Richmond 
was  feasible  only  because  of  the  monopoly  of  the 
sea.  Wellington  is  reported  to  have  said  in  the 
Spanish  campaign  that  an  army  moved  upon  its 
belly.  Food  and  transportation  enter  very 
largely  into  every  military  campaign.  One  depot 
at  Giesboro,  D.  C.,  had  a  capacity  of  supplying 
30?000  animals.  During  the  first  nine  months 
of  1864  the  supply  of  horses  by  the  Cavalry 
Bureau  averaged  about  500  per  diem,  and  the 
supply  to  Sheridan  during  his  Shenandoah  cam 
paign  was  150  per  day.  In  1862,  125,000  men, 
14,592  animals,  44  batteries  of  artillery,  the 
wagons  and  ambulances,  pontoon  trains,  and 
the  enormous  equipage  required  for  the  Army 
of  the  Potomac,  were  transported  in  about  900 
steamers  and  sailing  craft.  During  Grant's 
campaign  against  Richmond  a  large  fleet  was 
constantly  employed  in  supplying  troops  at  va 
rious  stations  along  the  coast  from  Chesapeake 
to  ISTew  Orleans.  From  May  1  to  August  12, 
1864,  the  daily  average  number  of  rations  for 
warded  from  Chattanooga  to  Sherman's  army, 


158       Civil  History  of  the  Government 

which  numbered  about  105,000  men,  was  412,- 
000,  more  than  three  rations  for  every  man  that 
left  Chattanooga  on  that  campaign.  In  1864 
Grant's  wagon  train  would  have  extended  from 
the  Rapidan  to  Richmond  if  marched  in  single 
file  upon  one  road.  (Journal  of  the  Military 
Service  Institution.  Jan.,  1896,  pp.  45-95.) 

What  a  contrast  to  the  Southern  army,  half 
clad,  half  fed,  half  armed ;  without  any  adequate 
supply  of  the  needed  transports,  of  the  needed 
medical  staff,  of  the  needed  engineers  for 
bridging,  for  telegraph  work  and  other  en 
gineer  duties;  with  few  depots  of  supply,  and  a 
gradually  contracting  area  of  territory  shut  off 
from  the  sea  by  a  rigorous  blockade.  It  is  a 
notorious  fact  that  our  army  at  various  stages  of 
the  war  relied  largely  on  the  captures  from  the 
enemy  for  clothing,  food,  wagons,  ammunition, 
guns  and  other  necessary  supplies.  General 
Banks  was  habitually  spoken  of  in  the  Valley  as 
"General  Jackson's  Commissary-General."  For 
two  or  more  years  the  government,  as  has  been 
detailed  on  page  110,  levied  a  tax  in  kind,  and 
corn,  wheat,  oats,  bacon,  mules,  &c.,  were  sup- 


of  the  Confederate  States.  159 

plied  by  this  method.  In  the  last  years  of  the 
war,  a  long  railway  between  Meridian  and  Rich 
mond,  over  800  miles  with  dilapidated  equip 
ments,  furnished  the  single  line  of  transporta 
tion  for  army  and  supplies.  For  repairs  of 
waste  and  loss  in  rails,  locomotives,  and  other 
needful  means,  there  was  hardly  the  pretence  of 
establishments,  and  one  such  line  as  the  Penn 
sylvania,  or  the  Baltimore  and  Ohio,  has  to-day 
more  ample  and  readier  facilities  and  more 
abundant  resources  than  the  whole  Confederacy 
then  possessed. 

General  Gordon  writes  to  me: 

"You  are  quite  right.  Every  expedient  was 
resorted  to.  Officers  and  men  were  detailed, 
when  necessary,  to  catch  fish  when  the  season 
permitted.  I  summoned  all  the  commissaries  of 
my  command,  from  corps  commissaries  to  regi 
mental  commissaries,  before  me  and  told  each 
that  he  must  send  out  wagons  into  the  country, 
into  North  Carolina,  to  get  in  small  quantities 
of  supplies  to  keep  the  men  from  starving.  We 
had  to  take  the  risk  of  getting  wagons  captured, 
because  we  could  not  stand  still.  You  can  de- 


160       Civil  History  of  the  Government 

scribe  the  wagons  of  regiment,  brigade,  division 
and  corps,  roaming  over  the  country  in  the  by 
ways,  &c.,  hunting  for  anything  that  would  fill 
the  craving  stomachs  of  the  soldiers.  But  we 
depended,  also,  on  living  off  the  enemy  by  cap 
turing  supplies." 

Despite  this  immense  disparity,  we  learn  from 
the  Library  of  American  History,  above  quoted 
from,  that  after  Yicksburg  and  Gettysburg, 
"the  war  must  soon  end  or  bankruptcy  ensue." 
"By  the  beginning  of  1862,  more  than  a  million 
of  dollars  daily  was  required  to  meet  the  out 
lay."  "At  the  end  of  the  conflict  the  national 
debt  proper  had  reached  the  astounding  sum  of 
nearly  three  thousand  millions  of  dollars,  and  to 
this  prodigious — almost  incalculable — aggre 
gate,  the  exigencies  of  war  were  adding  more 
than  two  millions  daily.  Had  the  war  con 
tinued  another  year,  national  bankruptcy  must 
have  ensued."* 

Party  distinctions  were  marked  before  the 
war,  but  "Whig,  American,  Democrat,  were  for- 

*3  Library  of  American  History,  147,  151, 175, 177, 178. 


of  the  Confederate  States.  161 

gotten  in  the  struggle,  and  all  made  common 
cause.  After  the  election  of  Mr.  Lincoln,  Major 
James  Longstreet,  then  stationed  at  Albu 
querque,  New  Mexico,  wrote  to  me,  expressing 
the  opinion  that  Alabama  would  resist,  and  au 
thorizing  me  to  tender  to  Governor  Moore  what 
ever  services  he  might  render.  Events  moved 
so  rapidly  that  he  sent  a  second  letter  with  a 
similar  offer  to  the  Confederacy.  Mr.  Davis  was 
much  pleased,  and  at  once  gave  him  a  commis 
sion  in  the  regular  army,  which  began  his  illus 
trious  career  as  a  soldier  and  an  officer.  From 
Eaphael  Semmes,  Matthew  Maury  and  John  B. 
Floyd,  before  or  after  the  establishment  of  the 
Confederacy,  letters  came  to  me  full  of  valu 
able  suggestions  in  reference  to  the  duty  and 
possibilities  of  the  South.  So,  with  like  promi 
nence,  scores  and  scores  of  persons  of  Northern 
birth  and  parentage  aligned  themselves  with 
Southern  brethren  and  displayed  the  same  sacri 
fices,  the  same  zeal  and  fidelity,  in  the  holy  cause 
of  freedom.  When  an  address  to  the  people  was 
prepared  by  Congress,  it  was  eagerly  signed  by 
every  member  and  ordered  to  be  distributed  in 


162       Civil  History  of  the  Government 

the  army.  At  the  head  of  many  brigades  it  was 
read,  and  copies  were  sought  for  wider  circula 
tion. 

Every  race  has  its  qualities,  and  every  State 
in  the  South  has  its  distinguishing  peculiarities 
and  prejudices,  which  were  not  surrendered  by 
a  partnership  with  other  States.  Retaining  idio- 
syncracies  was  not  inconsistent  with  loyalty  to 
the  cause. 

A  few  States  may  be  singled  out  as  illustra 
tive  of  what  characterized  all.  No  organized 
community  in  America  is  more  distinguished 
than  North  Carolina  for  conservatism,  fidelity 
to  engagements,  sterling  honesty  and  courage 
ous  devotion  to  liberty.  Her  history  from  colo 
nial  period  down  juts  out  with  elevations  from 
the  common  level,  showing  exceptional,  early 
and  consistent  protests  against  tyranny  and  in 
advocacy  of  equality  and  right.  Only  after  de 
liberation  and  thorough  understanding  of  the 
terms  of  the  compact  did  she  ratify  the  Consti 
tution  of  the  United  States,  but  her  assent  car 
ried  with  it  the  pledge,  nobly  f ulfilled:  of  allow 
ing  no  other  State?  to.  render  truer  and  more 


of  the  Confederate  States.  163 

faithful  allegiance.  So  she  was  not  in  haste  to 
unite  with  the  Confederate  States,  as  she  pre 
ferred  more  conservative  and  successful  resist 
ance;  but  when  her  faith  was  plighted  no  State 
surpassed  her  in  sacrifices  and  labors  and  cour 
age. 

She  claims  to  have  furnished  125,000  men 
actually  in  the  field,  and  to  have  lost  more  in 
battle  than  any  other  State.  These  troops  were 
transported  at  her  cost  to  camps  of  instruction 
and  were  well  drilled  before  they  were  turned 
over  to  the  Confederacy.  During  the  entire  war 
these  troops  were  by  her  supplied  with  cloth 
ing,  shoes  and  blankets.  The  Confederacy,  on 
one  or  two  occasions,  drew  on  the  depot  at  Ra 
leigh  for  clothing  for  other  troops.  Vance, 
known  as  the  great  War  Governor,  said  that 
quantities  of  shoes,  blankets  and  clothing  were 
turned  over  for  soldiers  from  other  States.  Af 
ter  the  battle  of  Chickamauga  he  sent  to  Long- 
street's  corps  14,000  complete  suits,  and  at  Gen 
eral  Johnston's  surrender  he  had  92,000  suits 
of  uniforms  and  stores  of  blankets,  leather,  &c. 

North  Carolina  engaged  in  direct  trade  with 


164       Civil  History  of  the  Government 

England,  purchasing  supplies  and  transporting 
them  in  her  own  ship.  The  Quartermaster  De 
partment  of  the  Confederacy  never  owned  a 
transport  ship  during  the  war,  and  it  was  as 
late  as  the  fall  of  1863  before  an  order  was  is 
sued  requiring  all  vessels  running  the  blockade 
to  give  up  one-third  of  their  cargoes  to  the  pur 
chases  or  needs  of  the  Confederacy.  The  State 
imported  clothing,  leather,  shoes,  oil,  factory 
findings,  cotton  and  woollen  cards,  sheet  iron 
and  tin,  arms  and  ammunition,  medicine,  dye- 
stuffs,  blankets,  cotton  bagging  and  rope,  spirits 
and  coffee,  and  purchased  several  thousand  bales 
of  cotton,  which  were  deposited  in  Liverpool. 
On  the  day  after  the  battle  of  First  Manassas 
the  Governor  received  a  telegram  from  the  "War 
Department,  informing  him  there  was  not  pow 
der  enough  in  the  Confederacy  for  another  day's 
fight,  and  asking  him  to  put  nitre  agents  in  the 
field.  Several  nitre  agents  were  promptly  ap 
pointed,  who  continued  until  the  end  of  the  war. 
The  Chief  of  Ordnance  took  possession  of  the 
Salisbury  machine  shop  and  of  the  Cranberry 
Iron  Works,  which  were  converted  into  service- 


of  the  Confederate  States.  165 

able  arsenals.  The  policy  of  the  State  was  to 
encourage  the  manufacture  at  home  of  every 
thing  that  was  needed,  as  no  country,  said  Mr. 
Calhoun  in  1816,  ought  to  be  dependent  on 
another  for  its  means  of  defence.  Before  the 
war  ended  the  commissary  of  North  Carolina 
was  "feeding  about  half  of  Lee's  army."* 

Georgia  has  been  a  synonym  for  self-reliance 
and  independence  from  earliest  days,  not  hesi 
tating  to  array  herself  in  opposition  to  the  Gen 
eral  Government  whenever  her  territory  or  the 
rights  of  her  citizens  were  infringed  by  that  gov 
ernment.  And  so  during  the  war,  while  her  con 
tributions  of  men  and  money  were  prodigal  and 
cheerful,  she  and  her  public  men  were  never 
backward  in  insisting  that  the  Confederate  Gov 
ernment  was  not  infallible  and  must  confine 
itself  within  the  limits  of  the  Constitution  and 
the  general  welfare. 

In  the  Federal  judiciary,  in  the  army  and 
navy,  in  diplomacy  and  in  Congress,  Georgia 


*  See  Dowd's  Vance  and  the  valuable  report  of  Judge 
Clark,  "Organization  of  Troops,"  etc. 


166       Civil  History  of  the  Government 

has  not  been  behind  her  sisters  in  the  num 
ber,  ability  and  patriotism  of  her  sons  in  these 
fields  of  public  service,  yet  it  has  been  a  tra 
dition  and  a  principle  that  the  State,  in  internal 
administration,  should  have  the  very  best. 
An  examination  of  Georgia's  history  will  show 
:  a  number  of  able  men  in  law,  legislation,  medi 
cine,  pulpit  and  banking,  not  surpassed  in  any 
State  in  the  Union.  Unfortunately,  the  popular 
series  of  American  Statesmen  and  Common 
wealths  largely  ignore  the  South,  and  these  men 
are  unknown  in  other  parts  of  the  country. 

Joseph  Brown,  as  Governor,  was  a  typical 
Georgian.  He  and  the  State  were  in  fullest  sym 
pathy  with  the  Southern  cause,  but  not  always 
in  harmony  with  the  administration.  The  con 
script  law  brought  him  into  controversy  with 
President  Davis,  and  he  argued  that  there  was 
no  necessity  for  such  harsh  and  coercive  meas 
ures,  as  they  sought  to  secure  more  men  when 
the  government  could  not  arm  those  already  en 
listed.  Notwithstanding  this  divergence  of  opin 
ion  and  the  opposition  to  the  views  of  the  Presi 
dent,  the  Governor  gave  obedience  to  the  law 


of  the  Confederate  States.  167 

rather  than  seemingly  embarrass  the  Confed 
eracy,  and  Mr.  Davis,  in  a  letter  to  him  of  May 
29,  1862,  said  the  "noble  State  responded  to 
every  call  it  has  been  my  duty  to  make  on  her." 
Virginia,  in  throwing  in  her  fortunes  with 
the  Confederacy,  gave  evidence  of  deathless  de 
votion  to  principle  and  as  sublime  and  heroic 
exhibition  of  courage  and  self-sacrifice  as  his 
tory  records  of  any  people.  When  she  acted  it 
was  with  full  knowledge  that  her  proximity  to 
Washington  and  exposedness  would  make  her 
the  theatre  of  the  war,  which  the  Federal  Gov 
ernment  purposed  and  was  preparing  for.  It  is 
well  there  was  hid  from  her  eyes  the  cruel  and 
revengeful  tragedy  that  was  to  befall  her,  when, 
disregardful  of  her  generous  magnanimity  in 
surrendering  for  the  public  good  a  princely  ter 
ritory,  the  government  and  the  States  which 
had  been  carved  out  of  her  cession — Ohio,  In 
diana,  Illinois,  Michigan,  Wisconsin,  and  Min 
nesota — made  a  partition  of  her  soil  by  as 
despotic  and  unconstitutional  an  act  as  ever  dis 
graced  a  civilized  people.  At  once  the  State, 
with  her  sic  semper  tyrannis  record,  became  and 


168       Civil  History  of  the  Government 

remained  the  leader,  and  this  position  of  su 
premacy  was  accorded  without  hesitation  and 
without  envy  by  the  other  States.  Hill,  Stuart, 
Jackson,  Johnston,  Lee  and  others  were  ac 
cepted  as  leaders  by  Divine  right,  and  no  one 
questioned  their  superiority.  Those  who  served 
in  Virginia  are  full  of  grateful  memories,  and 
overflow  with  emotion  on  their  recurrence.  On 
the  train  it  is  not  an  uncommon  sight  to  see  an 
old  Confederate  shed  tears  in  passing  Culpeper, 
Orange,  Winchester,  Richmond,  as  he  recalls  a 
house  or  person  where  or  by  whom,  when  wea 
ried  or  sick  or  wounded,  he  was  ministered  to 
by  angel  hands. 


of  the  Confederate  States.  169 


CHAPTER  VIII. 

WHAT  SOUTHEEN  WOMEN  DID— HOSPITALS— PRIVATION  IN 
SOUTHERN  HOMES — COMPARATIVE  STRENGTH  OF  THK 
ARMIES — RELIGION  IN  CAMPS — MINISTERS  IN  ARMS — 
RELIGIOUS  PERSECUTION. 

After  the  battle  of  Manassas  and  up  to  Appo- 
mattox,  Richmond  and  other  cities  were  freely 
used  as  homes  for  sick  and  wounded  soldiers. 
In  Richmond,  and  the  same  was  true  elsewhere, 
tobacco  factories  were  turned  into  hospitals,  pro 
vided  with  cots,  bedding  and  other  comforts, 
and  doctors  and  nurses  and  preachers  were  in 
constant  and  helpful  attendance.  A  list,  printed 
in  the  Whig  newspaper  in  1862,  gives  the 
names  and  location  of  thirty-five  public  and 
private  hospitals  in  Richmond.  Supplies  were 
sent  from  all  the  States  as  well  as  by  indi 
viduals  and  women's  organizations.  Women, 
the  most  refined,  the  noblest  and  best  cul 
tured  in  the  land,  left  their  homes,  took  up 
their  residences  adjacent  to  hospitals,  and  be 
came  Florence  Nightingales,  daughters  of  the 


170       Civil  History  of  the  Government 

Red  Cross,  for  all  who  needed  care  or  com 
fort.  It  is  resproachfully  said  by  alien  writers 
that  the  Southern  women  are  more  "  unrecon 
structed  rebels "  than  the  men.  It  is  cer 
tainly  true  that  they  did  as  much  as  the  men 
in  winning  the  battles,  and  they  are  now  fore 
most  in  building  monuments  and  preserving  the 
record  of  immortal  deeds. 

As  the  years  went  on  leaden  footed,  the 
greater  was  the  number  of  those  who  returned 
no  more  and  the  severer  became  the  privations 
of  home  life,  with  scantier  list  of  comforts  and 
"shortened  tale  of  hopes."  Transportation, 
mills,  factories,  were  monopolized  for  govern 
ment  uses,  the  circulating  medium  became 
hourly  more  worthless  in  purchasing  power; 
medicines,  luxuries,  and  even  necessaries  were 
shut  out  by  the  blockade.  No  house  had  an 
idler,  hands  of  the  aged  and  of  children  were 
busy  in  the  field,  in  the  garden,  in  the  kitchen, 
at  the  spinning  wheel  and  the  loom,  and  all  were 
helping  in  works  of  charity  and  patriotism.  For 
coffee  a  substitute  was  found  in  toasted  corn  and 
wheat  and  potatoes;  for  tea,  in  sassafras;  sor- 


of  the  Confederate  States.  171 

ghum  supplied  sugar  and  molasses,  and  earthen 
floors  of  smokehouses,  saturated  by  the  drip 
ping  of  bacon,  were  dug  up  and  boiled  for  neces 
sary  salt. 

"We  hear  and  read  much  of  delicately  pam 
pered  "females"  in  ancient  Rome  and  modern 
Paris  and  Newport,  but  in  the  time  of  which  I 
speak  in  this  Southland  of  ours  womanhood  was 
richly  and  heavily  endowed  with  duties  and  oc 
cupations  and  highest  social  functions,  as  wife 
and  mother  and  neighbor,  and  these  responsi 
bilities  and  duties  underlay  our  society  in  its 
structure  and  permanence  as  solid  foundations. 
Instead  of  superficial  adornments  and  supine 
action,  the  intellectual  sympathies  and  interests 
of  these  women  were  large,  and  they  undertook, 
with  wise  and  just  guidance,  the  management 
of  households  and  farms  and  servants,  leaving 
the  men  free  for  war  and  civil  government. 
These  noble  and  resolute  women  were  the 
mothers  of  the  Gracchi,  of  the  men  who  built 
up  the  greatness  of  the  Union  and  accomplished 
the  unexampled  achievements  of  the  Confed 
eracy.  Knowing  no  position  more  exalted  and 


172       Civil  History  of  the  Government 

paramount  than  that  of  wife  and  mother,  with 
the  responsibilities  which  attach  to  miniature 
empire,  the  training  of  children  and  guidance 
of  slaves,  each  one  was  as  Caesar  would  have 
had  his  companion,  above  reproach  and  above 
suspicion,  and  whose  purity  was  so  prized  that 
a  violation  of  personal  dignity  was  resented  and 
punished,  by  all  worthy  to  be  sons  and  husbands 
and  fathers  of  such  women,  with  the  death  of 
the  violator.  "Strength  and  dignity  were  her 
clothing;  she  opened  her  mouth  with  wisdom, 
and  the  law  of  kindness  was  on  her  tongue.  She 
looked  well  to  the  ways  of  her  household,  and 
she  ate  not  the  bread  of  idleness.  Her  children 
rose  up  and  called  her  blessed;  her  husband 


Our  "peculiar  institution"  of  domestic  Afri 
can  slavery  in  ante  bellum  days  created  and  nur 
tured  a  class  of  women  never  surpassed  in  the 
world.  A  plantation  was  a  little  kingdom,  pre 
sided  over  by  husband  and  wife,  betwixt  whom 
there  existed  mutual  respect,  deference,  admi 
ration  and  love.  In  the  household  gathered  re 
spectful,  obedient,  loving  children.  Near  and 


of  the  Confederate  States.  173 

around  were  dependents,  who  did  not  claim 
social  equality,  but  rendered  cheerful  obedience 
and  service  and  were  cared  for  tenderly  from 
cradle  to  coffin.  Those  who  dominated  were 
intelligent,  masterful,  patriotic,  loving  home, 
kindred,  State  and  country,  dispensing  a  prodi 
gal  hospitality,  limited  only  by  the  respecta 
bility  and  behavior  of  guests.  Among  girls, 
refinement,  culture,  modesty,  purity  and  a  be 
coming  behavior  were  the  characteristic  traits; 
among  boys,  courtesy,  courage,  chivalry,  respect 
to  age,  devotion  to  the  weaker  sex,  scorning 
meanness,  regarding  dishonor  and  cowardice  as 
ineffaceable  stains.  Their  education  was  respect 
for  women,  riding,  hunting,  speaking  the  truth. 
Poetry  and  romance  have  yet  to  portray,  in 
truthful  colors,  the  attractions  and  beauties  of 
the  Southern  home,  now  of  the  irrevocable  past. 
When  inequality  was  threatened  and  States  were 
to  be  degraded  to  counties,  and  the  South  be 
came  one  great  battle-field,  and  every  citizen 
was  aiding  in  the  terrible  conflict,  the  mothers, 
wives,  sisters,  daughters,  with  extraordinary 
unanimity  and  fervor,  rallied  to  the  support  of 


174       Civil  History  of  the  Government 

their  imperiled  land.  While  the  older  women 
from  intelligent  conviction  were  ready  to  sus 
tain  the  South,  political  events  and  the  necessity 
of  confronting  privations,  trials,  and  sorrows 
developed  girlhood  into  the  maturity  and  self- 
reliance  of  womanhood.  Anxious  women  with 
willing  hands  and  loving  hearts  rushed  eagerly 
to  every  place  which  sickness  or  destitution  or 
the  ravages  of  war  invaded,  enduring  sacrifices, 
displaying  unsurpassed  fortitude  and  heroism. 
Churches  were  converted  into  hospitals  or  places 
for  making,  collecting,  and  shipping  clothing 
and  needed  supplies.  Innumerable  private 
homes,  near  or  adjacent  to  battle-fields,  were 
filled  with  the  sick  and  the  wounded.  It  was 
not  uncommon  to  see  grandmother  and  youthful 
maiden  engaged  in  making  socks,  hats  and  other 
needed  articles.  Untrained,  these  women  en 
tered  the  fields  of  labor  with  the  spirit  of  Christ, 
rose  into  queenly  dignity  and  enrolled  them 
selves  among  the  immortals.  Energies,  time, 
lives  were  given  to  the  alleviation  of  the  suffer 
ing,  cheering  of  the  homesick,  and  to  the  inspi 
ration  of  the  hopeless  and  the  despairing.  With 


of  the  Confederate  States.  175 

active  courage,  resolute  endurance,  cheerful 
self-restraint  and  exulting  self-sacrifice,  they 
imparted  fresh  courage  to  the  brave,  quickened 
response  of  the  laggard  and  poured  shame  and 
contempt  on  him  who  shirked  or  sought  the 
bomb-proof.  Day  and  night  these  ministering 
angels  seemed  as  if  they  had  made  an  exodus 
from  Heaven.  Boundless  patriotism,  courage 
ous  endurance,  surprising  elation  of  thought 
and  action  were  exhibited.  Feminine  tender 
ness  was  broadened  and  deepened  by  this  self- 
sacrificing  ministry.  Superadded  to  these  trials 
and  duties  were  the  necessary  supervision  of  ser 
vants  and  farms  and  the  performance  of  duties 
which  hitherto  had  devolved  upon  the  men. 
Hanging  over  homes  and  hearts  were  ceaseless 
apprehensions  and  the  weary  absence  of  the 
loved  ones. 

One  of  the  most  interesting  books,  written 
on  a  high  plane  of  Christian  sympathy  and  prin 
ciple,  is  "Christ  in  the  Camp,"  whose  author  is 
well  known  as  "the  fighting  chaplain."  Full  of 
intelligent  zeal  and  saintly  curiosity,  besides 
what  he  saw  and  shared  in,  Dr.  Jones  has  gath- 


176       Civil  History  of  the  Government 

ered  thrilling  incident  and  holy  example  from 
camp  and  hospital,  principally  from  the  armies 
east  of  the  Mississippi.  It  is  not  claiming  too 
much  to  say  that  the  Southern  people  were  an 
unusually  religious  people,  free  from  heresies 
and  isms  and  trusting  implicitly  in  an  inspired 
Bible  and  in  the  religion  of  Christ.  This  inr 
volved  a  reliance  on  Providence,  more  marked 
in  that  day  than  in  this.  The  early  movement^ 
at  the  South  were  invariably  associated  with  re 
ligious  ceremonies,  and  autograph  letters  from 
Jackson  show  that  he  opposed  Sunday  mails  and 
urged  the  appointment  of  chaplains  for  the 
army.  With  the  first  regiments  went  out  regi 
mental  chaplains,  Protestant  and  Catholic,  whp 
were  generally  neighbors  and  friends  and  well 
known  to  "the  boys."  In  camp,  on  the  march, 
these  spiritual  advisers  were  not  strangers  nor 
alien  in  thought  and  feeling,  but  in  fullest  sym 
pathy  with  the  soldiers,  having  known  many 
from  childhood  and  being  intimate  with  their 
parents.  When  battles  occurred  they  were  near 
the  firing  line,  ready  with  canteen  and  needed 


of  the  Confederate 


supplies  to  minister  to  the  wounded  or  to  assist 
to  the  hospital  in  the  rear. 

!N~ot  infrequently  the  warrior  spirit  was  awak 
ened  and  chaplains  forgot  themselves  and  seized 
a  musket  to  repel,  or  make  successful,  a  charge. 
Churches  gave  up  their  pastors  and  theological 
seminaries  suspended  their  work  that  students 
might  go  to  the  front.  One  famous  Richmond 
preacher  found  pulpit  on  a  caisson  or  in  the  end 
of  a  wagon,  and  was  not  regarded  as  heterodox 
when,  on  the  invitation  of  a  clerical  brother,  he 
took  his  place  within  the  chancel,  minus  a  cleri 
cal  gown  and  even  in  his  shirt  sleeves.  It  was 
a  camp  rumor,  too  much  in  keeping  with  their 
piety  to  be  denied,  that  Generals  Jackson  and 
Gordon  held  torches  so  that  the  preacher  might 
read  the  Scriptures. 

When  in  winter  quarters  the  soldiers  would 
construct  wooden  tents,  in  which  worship  was 
conducted  sometimes  for  weeks,  and  the  best 
preachers  of  the  States  were  glad  to  officiate. 
Revivals  were  frequent,  and  the  different 
de-nominations  had  their  membership  much 
enlarged  by  faithful  converts.  Dr.  Jones  esti- 


178        Civil  History  of  the  Government 

mates  conversions  at  15,000  in  Lee's  army;  Dr. 
Bennett  puts  the  number  in  all  the  Confederate 
armies  at  50,000.  The  names  of  the  preachers 
and  colporteurs  not  holding  official  appointments 
are  legion,  but  I  recall  Bishops  Early,  Quintard, 
McFerrin,  Marvin,  Pierce,  and  Doggett; 
Palmer,  the  Hoges,  Jeter,  Burrows,  the 
Rylands,  Cobb,  Broadus,  Minnigerode,  Ed 
wards,  Duncan,  Renfroe,  Father  Ryan,  Tiche- 
nor,  Haygood,  Dickinson,  Slaughter,  the  Tay 
lors,  Pritchard,  and  scores  more. 

The  pulpit  furnished  some  of  the  best  officers. 
The  most  conspicuous  was  Bishop  Polk,  who 
became  a  lieutenant-general,  and  not  far  from 
whom  I  was  standing  when  he  was  killed.  Sev 
eral  generals  were  on  the  brow  of  a  hill  making 
observations  when  they  attracted  the  fire  of  the 
enemy.  All  withdrew  a  few  paces  except  the 
Bishop,  and  he,  lingering,  received  a  fatal 
wound,  which  threw  the  army  in  North  Georgia 
into  deepest  sorrow.  From  the  ministry  came 
also  such  officers  as  Lowry,  Evans,  Pendleton, 
Capers,  Mell,  Talbird,  Smith,  Shoup,  Dabney, 
Harrison,  Willis,  Peterkin,  Chapman,  Kelly, 


of  the  Confederate  States.  179 

Hiden,  and  others.  Hundreds  of  preachers  were 
in  the  ranks. 

In  several  of  the  States  were  interferences 
both  by  military  and  civil  authorities  with 
churches  and  worship.  In  Alexandria,  Ya.,  one 
preacher  was  made  to  ride  on  a  "cow-catcher" 
so  as  to  keep  Mosby's  men  from  firing  on  the 
Union  soldiers,  and  he  was  forbidden  to  preach 
or  to  celebrate  marriages.  Professor  Shaler 
says  that  ministers  of  the  Gospel  were  re 
quired  to  swear  allegiance  before  they  could 
legally  perform  the  marriage  rite.  "  In  fact,  it 
came  about  that  even  loyal  people  could  hardly 
get  through  the  activities  of  a  day  without  at 
least  once  or  twice  swearing  allegiance  to  the 
State  and  Federal  Government."  "In  his  ordi 
nary  contacts  with  the  people,  an  officer  was 
constantly  engaged  in  swearing  men  and  women 
as  to  what  they  had  done  in  the  past  or  would 
do  in  the  future."* 

This  degradation  of  religion  was  illustrated  in 
Alabama,  when  General  Woods  issued  an  order 

*  Shaler's  Kentucky,  page  322. 


180       Civil  History  of  the  Government 

by  which  Bishop  Wilmer  and  all  his  clergy  were 
suspended  from  their  functions  and  forbidden 
to  preach  or  perform  divine  service.  In  Mis 
souri  the  tyranny  was  carried  to  such  an  ex 
treme  as  to  close  all  churches,  Protestant  and 
Catholic,  whose  ministers  or  members  were  not 
in  active  sympathy  with  the  Union. 


Muc'h  which  it  has  been  thought  proper  to 
include  in  this  book  time  has  made  obsolete,  and 
the  only  value  is  that  of  vindication  from  sinis 
ter  motives  and  from  perversions  of  history  and 
law.  It  is  freely  conceded  that  secession  and 
slavery  have  been  settled  unalterably  against 
the  contention  of  the  South.  The  issues  of  1861 
can  never  be  revived.  African  slavery,  with 
universal  consent  and  approval,  has  ceased  as  a 
fact,  as  an  institution,  in  the  United  States.  The 
freedom  and  citizenship  of  the  negro,  weighted 
by  universal  manhood  suffrage,  have,  because 
of  the  unwise  embarrassment,  generated  prob 
lems  difficult  and  perilous,  the  right  and  safe 
solution  of  which  lies  in  the  remote  future.  Un- 


of  the  Confederate  States.  181 

fortunately,  the  presence  of  the  negro,  almost 
exclusively  in  the  South,  and  the  illusions  so 
industriously  inculcated  as  to  the  consequences 
of  emancipation,  have  prevented  the  Southern 
States  from  doing  what  they  wished  and  it  was 
their  duty  to  do,  in  respect  to  the  restored 
Union  and  for  the  amelioration  of  the  negro. 
Despite  these  obstacles,  the  negro  has  been 
the  beneficiary  of  the  most  prodigal  and  self- 
sacrificing  liberality  in  the  establishment  and 
support  of  free  schools,  to  which  white  and 
black  have  equal  access,  and  the  Union  has 
received  evidence  of  loyalty  and  affection, 
unsurpassed  by  the  sacrifices  and  gifts  of  any 
other  part  of  the  country. 

If  the  South  be  freed  from  unjust  aspersions, 
with  patriotism  and  courage  acknowledged,  civic 
as  well  as  military  virtues  freely  accorded,  ac 
tions  based  upon  long-asserted  State  rights  and 
the  guarantees  of  the  Constitution  justly  recog 
nized,  there  will  be  in  the  future,  with  its  ques 
tions  demanding  united  energies,  a  whole  coun 
try,  with  no  alienations,  no  unappeased  hates, 
no  wrangling  over  "dead  past,"  no  pulling  in 


182       Civil  History  of  the  Government 

opposite  directions.  North  and  South,  East  and 
West,  joined  in  purpose  and  hope  and  effort,  for 
honor  and  freedom  and  glory,  will  not  be  sepa 
rated,  in  sentiment  or  party,  upon  questions  deep 
buried  in  the  irrevocable  past.  They  will  be  con 
trolled  by  a  common  desire  to  make  America 
prosperous,  contented,  happy  and  free,  a  consti 
tutional,  representative,  Federal  republic,  the 
example  to  all  nations  struggling  for  good  gov 
ernment,  the  beneficent  illustration  of  "  Liberty 
Enlightening  the  World." 


LEGAL  JUSTIFICATION  OF  THE 
SOUTH  IN  SECESSION. 


LEGAL  JUSTIFICATION  OF  THE 
SOUTH  IN  SECESSION. 


The  Southern  States  have  shared  the  fate  of  all 
conquered  peoples.  The  conquerors  write  their 
history.  Power  in  the  ascendant  not  only  makes 
laws,  but  controls  public  opinion.  This  precedent 
should  make  the  late  Confederates  the  more  anx 
ious  to  keep  before  the  public  the  facts  of  their 
history,  that  impartial  writers  may  weigh  and  pro 
perly  estimate  them  in  making  up  the  verdict  of 
an  unbiased  posterity.  Besides,  as  they  have  been 
the  objects  of  persistent  misrepresentation,  and 
authentic  records  have  been  perverted  to  their 
prejudice,  their  descendants  are  liable  to  receive 
and  hold  opinions  hostile  and  derogatory  to  their 
fathers. 

In  this  series  of  volumes,  pertaining  to  the  his 
tory  of  the  Confederate  States,  all  concerned  wish 
to  disclaim  in  advance  any  wish  or  purpose  to 
reverse  the  arbitrament  of  war,  to  repeal  the  late 
amendments  to  the  Constitution,  to  revive  African 
slavery,  or  secession  as  a  State  right  or  remedy;  or 

24  (185) 


186       Civil  History  of  tlie  Government 

to  organize  any  party  or  cultivate  an  opinion 
which,  directly  or  indirectly,  shall  inculcate  disloy 
alty  to  the  Union,  or  affect  the  allegiance  of  citi 
zens  to  the  Federal  Government.  Let  it  be  stated, 
once  for  all,  that  this  argument  as  to  the  right  of 
the  South  to  be  protected  in  property  in  slaves  and 
the  exclusive  right  of  a  State  to  be  the  final  judge 
of  the  powers  of  the  General  Government,  and  to 
apply  suitable  remedies,  is  based  on  the  Consti 
tution  and  the  rights  of  the  States  as  they  existed 
in  I860.*  The  amendments  made  since  that  year 
in  Federal  and  State  constitutions  put  an  en 
tirely  new  and  different  phase  on  the  subjects  dis 
cussed,  for  these  changes  have  expurgated  slavery 
and  secession  from  our  institutions.  Our  sole 
object  is  to  present  the  Southern  side  of  the  con 
troversy  as  it  existed  in  1860,  and  to  vindicate  it 
from  accusations  and  aspersions  which  are  based 
on  ignorance  and  injustice.  As  the  South  is  ha 
bitually  condemned  and  held  criminal  for  seeking 
to  perpetuate  a  great  wrong,  it  is  well  to  inquire 
and  investigate  who  was  responsible  for  the  state 
of  things  which  precipitated  and  prolonged  the 
crisis  of  1860-1865.  If  the  act  of  secession  can 
not  be  justified,  the  Southern  people  will  be  stig- 

*  See   resolutions   of   Pennsylvania   Legislature   in 
1811. 


of  the  Confederate  States.  187 

matized  as  a  brave  and  rash  people  deluded  by  bad 
men,  who  attempted  in  an  illegal  and  wicked  man* 
ner  to  overthrow  the  Union.  Painfully  are  we 
conscious  of  the  disadvantages  in  any  effort  to 
vindicate  the  motives  and  principles  and  conduct 
of  the  Southern  States  and  secure  a  rehearing  and 
readjudication  of  a  suit  which  seems  to  have  been 
settled  adversely  by  the  tribunal  of  public  opinion. 
We  have  a  right  to  ask  of  our  fellow-citizens  and 
of  the  world  a  patient  and  fair  hearing  while  we 
present  anew  the  grounds  of  our  action.  We  chal 
lenge  the  closest  scrutiny  of  facts  and  arguments, 
and  if  they  cannot  be  disproved  and  refuted,  jus 
tice  and  honesty  demand  a  modification  or  re 
versal  of  the  adverse  judgment.  Few  writers  seem 
to  comprehend  the  underlying  idea  of  secession 
or  the  reasons  for  the  establishment  of  the  South 
ern  Confederacy.  Swayed  by  passion  or  political 
and  sectional  animosity,  they  ignore  the  primary 
facts  in  our  origin  as  a  government,  the  true  prin 
ciples  of  the  Constitution,  the  flagrant  nullifica 
tions  of  the  Northern  States;  and,  when  they 
philosophize,  conclusions  are  drawn  from  false 
premises,  and  hence  injustice  is  done.  Too  often, 
in  the  endeavor  to  narrate  the  deeds  of  and  since 
the  war,  prejudiced  and  vicious  statements  as  to 


188       Civil  History  of  the  Government 

character  and  motives  have  been  accepted  and 
acted  on  as  verifiable  or  undeniable  facts. 

In  deciding  upon  the  Tightness  or  wrongness  of 
secession,  in  passing  judgment  upon  the  Confed 
erate  States,  it  is  essential  to  proper  conclusions 
that  the  condition  of  affairs  in  1860  be  understood 
and  that  clear  and  accurate  notions  be  had  of  the 
nature  and  character  of  the  Federal  Government 
and  of  the  rights  of  the  States  under  the  consti 
tutional  compact.  And  here  at  the  threshold  one 
is  confronted  by  dogmas  which  are  substituted 
for  principles,  by  preconceived  opinions  which  are 
claimed  to  be  historical  verities,  and  by  sentimen 
tality  which  closes  the  avenues  to  the  mind  against 
logic  and  demonstration.  To  a  student  of  our  po 
litical  and  constitutional  history  it  is  strange  how 
stubborn  historical  facts  are  quietly  set  aside  and 
inferences  and  assumptions  are  used  as  postulates 
for  huge  governmental  theories.  These  errors  are 
studiously  perpetuated,  for  in  prescribed  courses 
of  reading  in  civics  and  history  are  books  full  of 
grossest  misstatements,  teaching  sectional  opinions 
and  latitudinous  theories,  while  works  which  pre 
sent  opposite  and  sounder  views  are  rigorously 
excluded.  State  rights  is  perhaps  the  best  term, 
although  not  precise  or  definite  in  its  signification, 
for  suggesting  the  view  of  the  Constitution  and  of 


of  the  Confederate  States.  189 

Federal  powers,  as  held  by  the  Southern  States. 
During  the  administration  of  General  Washington 
those  who  were  in  favor  of  protecting  the  re 
served  rights  of  the  States  against  threatened  or 
possible  encroachment  of  the  delegated  powers  as 
sumed  the  name  of  the  Eepublican  party,  but 
were  often  called  the  State  Eights  party.*  There 
is  no  ultimate  nor  authoritative  appeal  for  deter 
mining  the  political  differences  between  the  North 
and  South  except  the  Constitution,  but  some  pre 
liminary  inquiries,  answers  to  which  will  be  sug 
gestive  and  argumentative,  may  aid  in  understand 
ing  and  interpreting  that  instrument. 

Our  Constitution  is  not  a  mere  temporary  ex 
pedient.  It  exists  in  full  force  until  changed  by 
an  explicit  and  authentic  act,  as  prescribed  by  the 
instrument,  and  in  its  essential  features  is  for  all 
time,  for  it  contains  the  fundamental  principles 
of  all  good  government,  of  all  free  representative 
institutions.  Among  these  requisites,  unalterable 
by  changing  conditions  of  society,  are  individual 

*  "In  the  great  historic  debate  in  the  Senate  in  1830, 
Robert  Y.  Hayne,  of  South  Carolina,  said  that  they 
assumed  the  name  of  Democratic  Republicans  in  1812. 
True  to  their  political  faith  they  have  always  been 
in  favor  of  limitations  of  power;  they  have  insisted 
that  all  powers  not  delegated  to  the  Federal  Govern 
ment  are  reserved,  and  have  been  constantly  strug- 


190       Civil  History  of  the  Government 

liberty,  freedom  of  labor,  of  human  development, 
rights  of  conscience,  equality  of  the  States,  dis 
tribution  of  political  powers  into  independent 
executive,  legislative,  and  judicial  departments, 
and  a  careful  restriction  of  those  powers  to  public 
uses  only,  the  healthy  action  of  concurrent  ma 
jorities,  a  careful  safeguarding  that  the  power 
which  makes  the  laws  and  the  power  which  applies 
them  shall  not  be  in  the  same  hands,  and  local 
self-government.  The  people  are  ultimately  the 
source  of  all  political  power,  and  the  powers  dele 
gated  are  in  trust,  alterable  or  terminable  only  in 
a  legitimate  and  prescribed  manner.  Changes 
cannot  be  made  to  conform  to  a  supposed  moral 
sense,  or  to  new  environments,  either  by  the 
"fierce  democracy"  or  by  the  action  of  a  depart 
ment  or  by  a  combination  of  all  departments. 

To  obtain  a  correct  comprehension  of  the  dig 
nity  and  power  of  the  States  it  is  well  to  consider 

gling  to  preserve  the  rights  of  the  States  and  to  pre 
vent  them  from  being  drawn  into  the  vortex  and  swal 
lowed  up  by  one  great  consolidated  government.  As 
confirmatory  of  the  statement  that  the  South  has  been 
misrepresented  and  vilified  through  ignorance,  it  may 
be  said  that,  while  schoolboys  are  familiar  with  "Web 
ster's  eloquent  periods,  few  writers  and  politicians 
have  read  the  more  logical  and  unanswerable  argu 
ment  of  Hayne." 


of  the  Confederate  States.  191 

them  as  they  emerged  from  their  colonial  condi 
tion,  having  waged  a  tedious  and  successful  war 
against  the  mother  country,  having  achieved  sepa 
rate  independence  and  established  a  new  form  of 
government,  a  federal  union  of  concurrent  ma 
jorities,  under  a  written  constitution.  The  Ameri 
can  colonies  have  not  had  sufficient  importance 
ascribed  to  them  for  their  agency  in  achieving 
civil  and  religious  liberty;  and,  with  their  rights 
and  powers  as  separate  governments,  as  the  po 
tential  forerunners  of  our  constitutional,  repre 
sentative,  Federal  republic.  The  institutions 
founded  in  this  western  world,  in  the  essential  ele 
ments  of  law  and  freedom,  were  far  in  advance  of 
contemporary  transatlantic  institutions.  The  re 
lations  they  sustained  to  one  another  and  to  the 
controlling  English  Government,  their  large  meas 
ure  of  local  administration,  must  be  clearly  com 
prehended  to  do  them  justice  for  what  they 
wrought  out,  and  to  understand  what  character 
and  power  they  preserved  as  States  in  the  govern 
ment  of  their  creation  under  the  Federal  Consti 
tution.  Their  precise  political  condition  prior  to 
the  Revolution  cannot  be  obscured.  The  colonies 
were  separate  in  the  regulation  of  domestic  con 
cerns,  in  home  affairs,  but  sustained  a  common 
relation  to  the  British  empire.  The  colonists  were 


192       Civil  History  of  the  Government 

fellow-subjects,  owed  allegiance  to  the  same  crown, 
had  all  the  rights,  privileges,  and  liabilities  of 
every  other  British  subject.*  The  inhabitants  of 
one  colony  owed  no  obedience  to  the  laws,  were 
not  under  the  jurisdiction,  of  any  other  colony; 
were  under  no  civil  obligation  to  bear  arms  or  pay 
taxes,  or  in  any  wise  to  contribute  to  the  support 
or  defense  of  another,  and  were  wholly  distinct 
and  separate  from  all  others  in  political  functions, 
in  political  rights,  and  in  political  duties.  In  so 
far  as  all  the  colonists  were  one  people  and  had 
common  rights,  it  was  the  result  of  their  mutual 
relation  to  the  same  sovereign,  of  common  de 
pendence  on  the  same  head,  and  not  any  result  of 
a  relation  between  themselves.  There  was  neither 
alliance  nor  confederacy  between  the  colonies. 

When  hostilities  between  Great  Britain  and  the 
colonies  became  imminent,  because  of  adverse  im 
perial  legislation  and  the  unlimited  claim  of  the 
right  of  taxation,  and  united  effort  was  obvious 
and  imperative  to  relieve  themselves  from  the  bur 
dens  and  injustice  of  the  laws  and  the  claims  of  a 
distant  government,  the  colonies,  each  acting  for 

*  Some  of  these  principles  are  ably  discussed  by  the 
Hon.  Thomas  F.  Bayard  in  an  address,  7th  of  Novem 
ber,  1895,  before  tne  Edinburgh  Philosophical  Institu 
tion.  It  was  this  same  paper  that  excited  the  partisan 
ire  of  the  House  of  Representatives  in  1896. 


of  the  Confederate  States.  193 

itself  and  not  conjointly  with  any  other,  sent 
deputies  to  a  general  congress,  and  when  the  body 
assembled  each  colony  had  a  single  vote,  and  on  all 
questions  of  general  concern  they  asserted  and  re 
tained  their  equality.  The  Congresses  of  1774, 
1775  and  1776  were  occasional  and  not  permanent 
bodies,  claimed  no  sovereign  authority,  had  no 
true  governmental  powers,  and  seldom  assumed  to 
go  beyond  deliberation,  advice  and  recommenda 
tion.  When  under  stress  of  war  and  the  dan 
ger  or  impossibility  of  delay  they  acted  as  a  de 
facto  government,  their  acts  were  valid,  had  the 
force  and  effect  of  law  only  by  subsequent  con 
firmation  or  tacit  acquiescence.  The  common  op 
pressions  and  dangers  were  strong  incentives  to 
concert  of  action  and  to  assent  and  submission  to 
what  was  done  for  resistance  to  a  common  enemy. 
There  never  was  any  pretense  of  authority  to  act 
on  individuals,  and  in  all  acts  reference  was  had 
to  the  colonies,  and  never  to  the  people,  individu 
ally  or  as  a  nation. 

Virginia  made  a  declaration  on  the  12th  of 
June,  1776,  renouncing  her  colonial  dependence 
on  Great  Britain  and  separating  herself  forever 
from  that  kingdom.  On  the  29th  of  June,  in  the 
same  year,  she  performed  the  highest  function  of 
independent  sovereignty  by  adopting  and  ordain- 

25 


194:       Civil  History  of  the  Government 

ing  a  constitution,,  prescribing  an  oath  of  fealty 
and  allegiance  for  all  who  might  hold  office  tinder 
her  authority,  and  that  remained  as  the  organic 
law  of  the  Old  Dominion  until  1829. 

The  Declaration  of  Independence,  proclaimed 
on  the  4th  of  July,  was  an  act  of  Congress  de 
claring  absolution  of  the  colonies  from  allegiance 
to  the  Crown  and  Government  of  Great  Britain, 
and  that  they  were  "free  and  independent  States." 
The  Congress  which  made  this  declaration  was  ap 
pointed  by  the  colonies  in  their  separate  and  dis 
tinct  capacity.  They  voted  on  its  adoption  in 
their  separate  character,  each  giving  one  vote  by 
all  its  own  representatives,  who  acted  in  strict 
obedience  to  specific  instructions  from  their  re 
spective  colonies,  and  the  members  signed  the 
Declaration  in  that  way.  The  members  had  au 
thority  to  act  in  the  name  of  their  own  colony, 
and  not  of  any  other,  and  were  representatives 
only  of  the  colony  which  appointed  them.  Judge 
Story,  in  his  "Commentaries  on  the  Constitution/' 
reasons  upon  this  instrument  as  having  the  effect 
of  making  the  colonies  "one  people/'  merging 
their  existence  as  separate  communities  into  one 
nation. 

The  Declaration  of  Independence  is  sometimes 
quoted  as  an  authoritative  political  document,  de- 


of  the  Confederate  States.  195 

fining  political  rights  and  duties,  as  on  a  parity 
with  the  Constitution,  and  as  binding  parties  and 
people  and  courts  and  States  by  its  utterances. 
The  platform  of  the  Eepublican  party  in  1856  and 
1860  affirms  the  principles  of  this  Declaration  to 
be  essential  to  the  preservation  of  our  republican 
institutions,  the  Constitution  and  the  rights  of 
the  States,  when,  in  truth  and  in  fact,  its  main 
and  almost  its  sole  object  was  to  declare  and  jus 
tify  the  separation  from,  and  the  independence  of, 
the  British  crown.  In  no  sense  was  the  paper  or 
the  act  intended  as  a  bill  of  rights,  or  to  enunciate 
the  fundamental  principles  of  a  republic,  or  to 
define  the  status  of  the  colonies,  except  in  their 
relation  to  the  mother  country.  No  true  Ameri 
can  wiH  underrate  the  significance  or  the  impor 
tance  of  the  act  of  separation  from  a  foreign 
empire,  or  hold  otherwise  than  with  the  highest 
respect  the  reasons  which  our  fathers  gave  in  vin 
dication  of  their  momentous  and  courageous  ac 
tion.  Refusing  to  be  subject  to  the  authority  of 
the  Crown  and  the  Parliament  was  a  heroic  un 
dertaking,  dictated  by  the  loftiest  patriotism  and 
a  genuine  love  of  liberty.  Putting  into  the  minds 
and  hearts  of  our  ancestors  more  far-reaching  and 
prescient  purposes  than  they  possessed  will  not 
magnify  their  virtues  nor  enhance  their  merit. 


196       Civil  History  of  the  Government 

They  met  the  issues  presented  with  the  sagacity 
of  statesmen,  and  were  not  guilty  of  the  folly  of 
the  propagandised  of  the  French  revolutionists  a 
few  years  later. 

The  colonies  being  distinct  and  separate  com 
munities,  with  sovereignty  vested  in  the  British 
crown,  when  the  tie  which  bound  them  to  that 
sovereignty  was  severed,  upon  each  colony 
respectively  was  devolved  that  sovereignty  and 
each  emerged  from  provincial  dependence  into  an 
independent  and  sovereign  State.  A  conclusive 
proof  of  the  relation  of  the  colonies  to  one  an 
other  and  to  the  revolutionary  government  is  to 
be  found  in  the  recommendation  in  1776  for  the 
passing  of  laws  for  the  punishment  of  treason,  and 
it  was  declared  that  the  crime  should  be  consid 
ered  as  committed  against  the  colonies  individ 
ually  and  not  against  them  all  as  united  together. 
The  joint  expression  of  separate  wills  in  reference 
to  continued  union  with  England  expressed  no 
opinion  and  suggested  no  action  on  the  subject  of 
a  common  government  or  of  forming  a  closer 
union.  It  completed  the  severance  of  the  rapidly 
disuniting  ties  which  bound  to  the  government 
across  the  seas.  Some  of  the  colonies,  prior  to  the 
4th  of  July,  had  declared  their  independence  and 
established  State  constitutions,  and  now  all,  by  a 


of  the  Confederate  States.  197 

more  public  and  stronger  and  more  effective  af 
firmation,,  united  in  doing  what  had  by  some  been 
separately  resolved  upon.  Ceasing  to  be  depend 
ent  communities  involved  no  change  in  relations 
with  one  another  beyond  what  was  necessarily  in 
cident  to  separation  from  the  parent  country.  The 
supremacy  which  had  previously  existed  in  Great 
Britain,  separately  over  each  colony  and  not 
jointly  over  all,  having  ceased,  each  became  a  free 
and  independent  State,  taking  to  herself  what 
applied  to  and  over  herself.  The  Declaration  of 
Independence  is  not  a  form  of  government,  not  an 
enumeration  of  popular  rights,  not  a  compact  be 
tween  States,  but  was  recognized  in  its  fullest  de 
mands,  when,  in  1783,  Great  Britain  acknowledged 
New  Hampshire,  Massachusetts,  New  York,  South 
Carolina,  Georgia  and  the  other  colonies  to  be 
"free,  sovereign,  and  independent  States." 

Stress  is  laid  on  the  revolutionary  government 
and  on  the  Declaration  of  Independence  by  those 
who  are  anxious  to  establish  the  theory  of  a  na 
tional  or  consolidated  government,  reducing  the 
States  to  mere  dependencies  upon  central  power. 
As  has  been  shown,  the  contention,  derived  from 
those  sources,  is  without  legal  or  historical  foun 
dation;  but  the  temporary  government,  largely 
for  war  purposes,  was  superseded  by  the  Articles 


198       Civil  History  of  the  Government 

of  Confederation,  which,  because  of  the  reluctance 
of  the  States  to  delegate  their  powers,  did  not  be 
come  obligatory  until  1781,  as  their  ratification 
Tby  all  the  States  was  a  condition  precedent  to  their 
having  any  binding  force.  These  articles,  in  ex 
plicit  .terms,  incapable  of  misinterpretation,  de 
clare  that  '"each  State  retains  its  sovereignty,  free 
dom,  and  independence,  and  every  power,  jurisdic 
tion,  and  right,  which  is  not  by  this  confederation 
expressly  delegated  to  the  United  States  in  Con 
gress  assembled."  There  can  be  no  mistake  here 
as  to  the  reservation  of  entire  freedom,  entire  in 
dependence,  entire  sovereignty.  These  were  re 
tained  without  qualification  or  limitation,  and  the 
use  of  the  word  "retains"  is  the  clearest  assertion 
that  these  unsurrendered  prerogatives  were  pos 
sessed  under  the  previous  government. 

This  historical  review  was  not  necessary  except 
argumentatively  as  throwing  light  on  the  real 
facts,  and  as  raising  the  strong  presumption,  to 
be  rebutted  only  by  irrefragable  proof,  that  a 
State  once  sovereign  has  not  voluntarily  surren 
dered  that  ultimate  supreme  power  of  self-govern 
ment  or  self-existence.  While  in  a  colonial  con 
dition  the  people  of  the  several  States  were  in  no 
proper  political  sense  a  nation  or  "one  people"; 
by  the  declaration  and  the  treaty  of  peace  eacK 


of  the  Confederate  States.  199 

State  became  a  complete  sovereignty  within  its 
own  limits;  the  revolutionary  government  was  a 
government  of  the  States  as  such  through  Con 
gress  as  the  common  agent,  and  by  the  Articles 
of  Confederation  each  State  expressly  reserved  its 
entire  sovereignty  and  independence.  In  all  this 
succession  of  history  there  was  no  trend  to  con 
solidation,  and  the  most  conspicuous  feature  was 
the  jealous  retention  by  the  States  of  their  sepa 
rate  sovereignty. 

EQUALITY  AND  SOVEREIGNTY  OF  THE  STATES'. 

In  forming  the  Constitution  of  the  United 
States,  from  whose  ratification  our  "more  per 
fect  union"  resulted,  did  the  States  surrender  their 
equality  and  sovereignty,  and  transfer  to  a  central 
government  the  powers  and  rights  which  in  all 
previous  history  had  been  so  carefully  maintained  ? 
This  is  the  crucial  question  determining  the  right 
of  the  Southern  States  in  1860  and  1861  to  se 
cede  from  the  Union  and  to  establish  for  their 
own  defense  and  welfare  a  new  Federal  Union. 
Obviously  this  question  should  be  approached  and 
considered  and  decided,  not  by  prejudice  or  pas 
sion  or  sectionalism  or  interest  or  expediency 
or  wishes  of  men,  but  by  the  Constitution,  in  its 
proper  meaning  as  to  rights  and  powers  delegated 


200       Civil  History  of  the  Government 

and  rights  and  powers  reserved.  Whether  seces 
sion  was  wise  or  unwise,  expedient  or  inexpedient, 
approved  or  disapproved  by  a  majority  of  the 
States,  or  of  the  inhabitants,  has  no  relevancy, 
nothing  whatever  to  do  with  this  discussion.  The 
naked  matter  is  one  of  right.  Was  there  a  su 
premacy  in  Congress  or  in  any  other  department 
of  the  government  of  the  Union,  or  did  the 
States  assert  and  retain  their  sovereignty  as 
against  the  world  ? 

The  States  were  not  created  by  the  government 
of  the  Union,  but  antedated  and  created  that  or 
ganism.  Our  systems  of  government  are  singu 
larly  complex,  and  hence  unintelligible  to  many 
foreigners.  There  are  two  divisions  of  power — 
that  between  the  people  and  their  governments 
and  that  between  the  State  governments  and  the 
Government  of  the  Union.  The  system  is  com 
pounded  of  the  separate  governments  of  the  sev 
eral  States,  and  the  one  common  government  of 
all  the  members  of  the  Union,  called  the  Govern 
ment  of  the  United  States.  Each  was  formed  by 
written  constitutions;  those  of  the  several  States 
by  the  people  of  each  acting  separately  and  in 
their  sovereign  character,  and  that  of  the  United 
States  by  the  same,  acting  in  the  same  character, 
but  jointly  and  in  concert  instead  of  separately. 


of  the  Confederate  States.  201 

Both  governments  derive  their  power  from  the 
same  source,  and  were  ordained  and  established 
by  the  same  authority.  These  governments  are 
coordinate,  and  there  is  a  subordination  of  both 
to  the  people  of  the  respective  States.  Limited 
rights  are  delegated  by  the  people  to  their  govern 
ments,  or  trustees,  and  all  the  residue  of  the  attri 
butes  of  sovereignty  are  retained.  The  division 
of  the  powers  into  such  as  are  delegated  specifi 
cally  to  the  common  and  joint  government  of  all 
the  States,  to  be  exercised  for  the  benefit  and 
safety  of  each  and  all,  and  the  reservation  of  all 
to  the  States  respectively,  to  be  exercised  through 
the  separate  governments,  are  what  makes  ours  a 
system  of  governments.  Taking  all  the  parts  to 
gether,  the  people  of  forty-five  independent  and 
sovereign  States,  confederated  by  a  solemn  con 
stitutional  compact  into  one  great  Federal  com 
munity,  with  a  system  of  government,  in  all  of 
which  powers  are  separated  into  the  great  primary 
divisions  of  the  constitution-making  and  the  law- 
making  powers;  those  of  the  latter  class  being  di 
vided  between  the  common  and  joint  government 
of  all  the  States,  and  the  separate  and  local  gov 
ernments  of  each  State,  respectively;  and  finally, 
the  powers  of  both  distributed  among  three  sepa 
rate  and  independent  departments — legislative, 

26 


202       Civil  History  of  the  Government 

executive,  and  judicial — present,  in  the  whole,  a 
political  system  as  remarkable  for  its  grandeur  as 
it  is  for  its  novelty  and  refinement  of  organiza 
tion.* 

Under  the  English  form  of  government  this 
division  with  limitations  is  unknown,  and  Parlia-  ! 
ment  is  supreme.  Madison,  in  the  Federalist,  says:  | 
"The  Federal  and  State  governments  are,  in  fact,  I 
but  different  agents  and  trustees  of  the  people,  in 
stituted  with  different  powers  and  designed  for  dif 
ferent  purposes."    Hamilton  says :      "In  the  com 
pound  republics  of  America,  the  power  surren 
dered  by  the  people  is  first  divided  between  two 
distinct  governments,  and  the  portion  allotted  to 
each  sub-divided  among  distinct  and  separate  de 
partments.    Hence  a  double  security  arises  to  the 
rights  of  the  people.    The  different  governments 
will  control  each  other  at  the  same  time  that  each 
will  be  controlled  by  itself." 

The  Union  is  not  the  primary  social  or  politi 
cal  relation  of  those  who  formed  it.  The  State 
governments  were  already  organized  and  were  ade 
quate  to  all  the  purposes  of  their  municipal  con 
cerns.  The  Federal  Government  was  established 
only  for  such  purposes  as  the  State  governments 

*1  Calhoun's  Works,  112,  113,  199. 


of  the  Confederate  States.  203 

and  the  confederation  could  not  sufficiently  an 
swer — namely,  the  common  purpose  of  all  the 
States.  The  people  of  the  States,  not  as  a  unit, 
not  in  the  aggregate,  hut  separately,  hold  in  them 
selves  all  governmental  power.  One  portion  they 
granted  to  the  State  governments ;  another  to  the 
government  of  the  Union,  and  the  residue  they 
retained  undelegated  in  themselves.  The  grants 
were  in  trust  for  their  "benefit,  and  created  the 
division  of  political  power  "between  the  Federal 
and  the  State  governments,  which  division  con 
stitutes  the  gist  and  sum  total  of  the  controversy 
"between  the  government  at  Washington  and  the 
seceding  States.  During  and  soon  after  a  war 
waged  for  eight  years  to  resist  a  claim  to  legislate 
for  them  locally  and  internally,  inferred  from  par 
liamentary  supremacy,  the  colonies  or  States  con 
structed  two  unions  and  established  in  hoth  a 
division  of  power  hearing  a  strong  similitude  to 
that  upon  which  they  were  willing  to  have  con 
tinued  their  union  with  England — namely,  yield 
ing  to  her  the  regulation  of  war,  peace,  and  com 
merce,  and  retaining  for  themselves  local  and  in 
ternal  legislation.  The  first  union  "retains"  to 
the  States  the  sovereignty  and  rights  not  dele 
gated  to  the  United  States;  the  second  "reserves'* 
to  the  States  the  powers  not  delegated  to  the 


204       Civil  History  of  the  Government 

United  States.  The  first  confers  upon  Congress 
almost  all  the  powers  of  importance  bestowed  by 
the  second,  except  that  of  regulating  commerce; 
the  second  only  extends  the  means  for  executing 
the  same  powers  by  bestowing  on  Congress  a  lim 
ited  power  of  taxation;  but  these  means  were  by 
neither  intended  to  supersede  nor  defeat  those 
ends  retained  or  reserved  by  both.  By  the  first, 
unlimited  requisitions  to  meet  "the  charges  of 
war  and  all  other  expenses  for  the  common  defense 
and  general  welfare"  were  to  be  made  by  Con 
gress  upon  the  States.  By  the  second,  Congress  is 
empowered  to  lay  taxes,  under  certain  restrictions, 
to  "provide  for  the  common  defense  and  general 
welfare."  A  sovereign  or  absolute  right  to  dis 
pose  of  these  requisitions  or  taxes  without  any 
restriction  is  not  given  to  Congress  by  either.  The 
general  terms  used  in  both  are  almost  Kterally  the 
same,  and,  therefore,  they  must  have  been  used  in 
both  under  the  same  impression  of  their  import 
and  effect.* 

An  obiter  dictum  of  Justice  Miller,  of  the  Su 
preme  Court,  gives  point  to  the  value  of  restric 
tions  and  of  enforcing  them.  "To  lay  with  one 
hand  the  power  of  the  government  on  the  pro- 


Baylor's  Construction  Construed,  p.  55. 


of  the  Confederate  States.  205 

perty  of  the  citizen,  and  with  the  other  to  bestow 
it  upon  favored  individuals  to  aid  private  enter 
prises  and  build  up  private  fortunes,  is  none  the 
less  a  robbery  because  it  is  done  under  the  favor 
of  the  law." 

THE  CONSTITUTION  MADE  BY  STATES. 

As  everything  in  this  discussion  depends  on  the 
Constitution  it  seems  prudent  to  state  with  some 
particularity  its  origin,  its  establishment,  and  its 
terms.  The  confederation  was  found  to  be  inade 
quate  to  the  ends  of  an  effective  government.  The 
States  adopted  conflicting  and  even  hostile  com 
mercial  regulations,  and  trade  suffered  from  these 
embarrassments.  The  Legislature  of  Virginia, 
impressed  with  the  necessity  of  a  government  of 
larger  powers,  appointed  in  1786  commissioners 
to  meet  commissioners  from  other  States  at  An 
napolis  to  prepare  for  adoption  by  the  States  a 
uniform  plan  of  commercial  regulations.  Some 
met  and  recommended  to  their  respective  legisla 
tures  to  appoint  delegates  to  meet  in  general  con 
vention  at  Philadelphia  for  the  purpose  of  re 
forming  the  government  as  the  interests  of  the 
States  might  require.  Congress  approved  the 
recommendation  and  suggested  a  convention  of 
delegates  to  be  appointed  by  the  several  States  to 


206       Civil  History  of  the  Government 

meet  in  Philadelphia  and  to  report  to  Congress 
and  the  several  legislatures  such  alteration  of  the 
Articles  of  Confederation  as  shall,  when  agreed 
to  in  Congress  and  confirmed  by  the  States,  ren 
der  the  Federal  Constitution  adequate  to  the 
exigencies  of  government  and  the  preservation  of 
the  Union. 

Accordingly,  the  convention  was  composed 
of  deputies  appointed  by  the  States,  and  they 
voted  as  States.  Madison,  in  recording  their 
action,  on  agreeing  to  the  Constitution,  says :  "It 
passes  in  the  affirmative,  all  the  States  concur 
ring."  It  was  transmitted  to  the  several  State 
legislatures,  to  be  by  them  submitted  to  State 
conventions,  and  each  State  for  itself  ratified  at 
different  times,  without  concert  of  action,  except 
in  the  result  to  be  ascertained.  As  the  jurisdic 
tion  of  a  State  was  limited  to  its  own  territory, 
its  ratification  was  limited  to  its  own  people.  The 
Constitution  got  its  validity,  its  vitality,  not  from 
the  inhabitants  as  constituting  one  great  nation, 
nor  from  the  people  of  all  the  States  considered 
as  one  people,  but  from  the  concurrent  action  of 
a  prescribed  number  of  States,  each  acting  sepa 
rately  and  pretending  to  no  claim  or  right  to  act 
for  or  control  other  States.  That  each  of  these 
States  had  the  right  to  decline  to  ratify  and  re- 


of  the  Confederate  States.  207 

main  out  of  the  Union  for  all  time  to  come,  no 
sane  man  will  deny.  Ehode  Island  and  North 
Carolina  did,  in  the  undoubted  exercise  of  an  un 
disputed  right,  refuse  to  enter  the  compact  until 
after  the  government  was  organized  arid  Wash 
ington  entered  upon  his  duties  as  President.  "The 
assent  and  ratification  of  the  people,"  says  Madi 
son,  "not  as  individuals  composing  an  entire  na 
tion,  but  as  composing  the  distinct  and  inde 
pendent  States  to  which  they  belong,  are  the 
sources  of  the  Constitution.  It  is,  therefore,  not 
a  national,  out  a  federal  compact." 

Virginia,  in  her  ratification  as  a  distinct,  sov 
ereign  community,  had  said :  "The  delegates  do,  in 
the  name  and  in  behalf  of  the  people  of  Virginia, 
declare  and  make  known  that  the  powers  granted 
under  the  Constitution,  being  derived  from  the 
people  of  the  United  States,  may  be  resumed  by 
them  whensoever  the  same  shall  be  perverted  to 
their  injury  or  oppression,  and  that  every  power 
not  granted  thereby  remains  with  them  and  at 
their  will/'* 

Maryland  declared  that  nothing  in  the  Consti 
tution  "warrants  a  construction  that  the  States 


*5  Bulletin  of  the  Bureau  of  Rolls,  145.     1  Calhoun'a 
Works,  248-251. 


208       Civil  History  of  the  Government 

do  not  retain  every  power  not  expressly  relin 
quished  by  them  and  vested  in  the  General  Gov 
ernment  of  the  Union."  New  York  more  ex 
plicitly  said:  "That  the  powers  of  government 
may  be  reassumed  by  the  people  whenever  it 
should  become  necessary  to  their  happiness,  that 
every  power,  jurisdiction,  and  right  which  is  not 
by  the  said  Constitution  clearly  delegated  to  the 
Congress  of  the  United  States  or  the  departments 
of  the  government  thereof,  remains  to  the  people 
of  the  several  States,  or  to  their  respective  State 
governments,  to  whom  they  may  have  granted  the 
same;  and  that  those  clauses  in  the  said  Constitu 
tion  which  declares  that  Congress  shall  not  have 
or  exercise  certain  powers,  do  not  imply  that  Con 
gress  is  entitled  to  any  powers  not  given  by  the 
said  Constitution,  but  such  clauses  are  to  be  con 
strued  either  as  exceptions  to  certain  specified 
powers  or  as  inserted  merely  for  greater  caution." 
Ehode  Island  lingered  until  1790,  and  then 
adopted  the  cautious  phraseology  of  New  York, 
specifying  certain  rights  and  declaring  that  they 
shall  not  be  abridged  or  violated,  and  that  the  pro 
posed  amendments  would  speedily  become  a  part 
of  the  Constitution,  gave  her  assent  to  the  com 
pact,  but  declared  that  "the  powers  of  govern- 


of  the  Confederate  States.  209 

merit  may  be  reassumed  by  the  people  whenever  it 
shall  become  necessary  to  their  happiness."* 

Other  States  showed  equal  concern  and  jealousy. 
Besides  the  clear  assertion  on  the  part  of  ratifying 
States  of  the  right  to  reassume  delegated  powers, 
a  larger  number  were  so  apprehensive  and  dis 
trustful  of  Federal  encroachment,  so  jealous  in 
the  maintenance  of  their  respective  rights,  that 
they  attached  bills  of  rights  to  their  assent  or 
proposed  amendments  to  restrict  the  general  gov 
ernment,  the  incorporation  of  which  into  the  Con 
stitution  was  earnestly  insisted  upon. 

It  has  now  been  demonstrated  that  with  jealous 
vigilance  the  States  retained  their  separateness 
as  sovereign  communities  in  all  the  forms  of  po 
litical  existence  through  which  they  passed.  That 
they  adopted  their  separate  State  constitutions  in 
their  sovereign  character  is  indisputable.  That 
the  deputies  who  framed  the  Federal  Constitution 
were  appointed  by  the  several  States  each  on  its 
own  authority;  that  they  voted  in  the  convention 
by  States;  that  their  votes  were  counted  by 
States;  that  when  framed  the  instrument  was 
submitted  to  the  people  of  the  several  States  for 
their  independent  ratification;  that  the  States 


*5  Bureau  of  Rolls,  140-145,  190,  191,  311. 

27 


210       Civil  History  of  the  Government 

ratified  and  adopted,  each  for  itself,  as  distinct 
sovereign  communities;  that  the  Constitution  had 
no  binding  force  over  a  State  or  its  citizens  except 
in  consequence  of  this  adoption;  that  it  was  valid 
as  a  covenant  of  union,  the  Federal  compact,  only 
as  between  the  States  so  ratifying  the  same,  are 
facts  alike  incontestable.  All  these  acts  were  by 
the  States  and  for  the  States,  without  any  partici 
pation  on  the  part  of  the  people  regarded  in  the 
aggregate  as  forming  a  nation.  Our  controversy 
arose,  not  so  much  from  these  historical  incidents 
(although  historians,  judges,  editors  and  congress 
men  have  denied  or  misinterpreted  them  all)  as 
from  the  import  and  effect  and  construction  of  the 
agreement  so  formally  and  cautiously  made. 

Did  the  act  of  ratification  of  itself,  or  does  the 
Constitution  in  its  grants,  divest  the  States  of 
their  character  as  separate  political  communities 
and  merge  them  all  into  one  nation,  one  American 
people?  The  Constitution  superseded  the  Articles 
of  Confederation  because  the  parties  to  those  arti 
cles  agreed  that  it  should  be  so.  If  they  have  not 
so  agreed  the  articles  are  still  binding  on  the 
States.  In  point  of  fact  the  Constitution  did  be 
come  obligatory  as  a  compact  of  government 
by  the  voluntary  and  separate  ratification  and 
adoption  of  the  several  States.  Massachusetts 


of  the  Confederate  States.  211 

and  New  Hampshire,  in  their  ratification,  call 
the  Constitution  a  compact,  and  the  Federal 
Union  must  be  so?  or  the  result  of  a  compact, 
because  sovereign  States  would  not  otherwise 
have  agreed  and  expressed  their  agreement.  Some 
made  provisos,  others  suggested  -amendments, 
which  make  plain  the  intention  of  the  fathers 
in  entering  the  Union.  The  apprehensions  of 
consolidation  were  so  strong  that  to  guard 
against  such  a  possible  evil,  provisions  to  pre 
vent  were  incorporated  in  the  acts  of  assent. 

The  right  to  resume  surrendered  powers,  as  af 
firmed  by  three  of  the  States,  has  been  mentioned. 
Massachusetts,  South  Carolina,  New  Hampshire 
and  Virginia  were  so  alarmed  at  the  liability  to 
absorption  of  unsurrendered  powers  that  they  pro 
posed  an  amendment  to  the  effect  that  each  State 
shall  respectively  retain  every  power,  jurisdiction 
and  right  which  had  not  been  delegated  in  the 
Constitution.  This  was  modified  and  adopted  in 
regular  constitutional  form,  and  is  known  as  the 
Ninth  Article.  All  the  suggestions  were  in  the 
nature  of  limitations  and  restrictions,  showing 
distrust  of  centralization  and  a  determined  pur 
pose  to  preserve  from  invasion  or  impairment  the 
rights  of  the  States.  It  was  felt  that  time  and 
experience  would  show  the  wisdom  of  changes  and 


212       Civil  History  of  the  Government 

of  adaptations  to  new  environments,  and  thus  it 
was  wisely  provided  that  amendments  might  be 
made,  but  should  be  valid  only  "when  ratified  by 
the  legislatures  of  three-fourths  of  the  several 
States  or  by  conventions  in  three-fourths  thereof/' 
As  the  States  -only  could  make  a  constitution,  so 
three-fourths  of  them,  as  separate  political  cor 
porations,  could  amend  the  instrument.  The  fa 
vorite  theory  of  many,  that  the  States  were 
merged  into  the  government  of  the  Union,  into 
an  aggregated  unit,  is  an  assumption  totally  irre 
concilable  with  the  fact  that  this  same  people  can 
neither  alter  nor  amend  their  government.  When 
that  essential  function  has  to  be  performed,  it  is 
indispensable  to  summon  into  new  life  and  ac 
tivity  those  very  State  sovereignties,  which,  by 
the  supposition,  lost  their  individual  power  and 
vitality  by  the  very  act  creating  the  instrument 
which  they  are  required  to  amend.  Had  the  Con 
stitution  originated  from  the  people  inhabiting 
the  territories  of  the  whole  Union,  its  amendment 
would  have  remained  to  them,  as  the  amendment 
of  a  State  constitution  belongs  to  the  people  of 
the  State.  But  as  such  a  body  of  associated  peo 
ple  is  a  myth,  a  figment  of  the  brain,  the  power  of 
amendment  is  left  in  the  hands  of  the  existing 
bodies  politic,  the  creators  of  the  Constitution  and 


of  the  Confederate  States.  213 

of  the  Union.  The  positive  supervising  power 
bestowed  by  the  compact  upon  the  State  govern 
ment  and  the  people  over  the  whole  Federal  Gov 
ernment  flatly  contradicts  the  idea  that  the  same 
compact  designed  constructively  to  bestow  a  su 
pervising  power  upon  Congress  or  other  depart 
ment  over  the  State  governments. 

The  government  was  organized  in  1789,  and  as 
sumed  its  place  among  the  nations  of  the  earth. 
Soon  amendments  proposed  by  the  ratifying 
States  were  submitted,  as  the  Constitution  pre 
scribed,  to  the  respective  States  and  adopted  by 
them.  These  amendments  have  no  direct  rela 
tion  to  the  immediate  objects  for  which  the  Union 
was  formed,  and,  with  few  exceptions,  were  in 
tended  to  guard  against  improper  constructions 
of  the  Constitution,  or  the  abuse  of  the  delegated 
powers,  or  to  protect  the  government  itself  in  the 
exercise  of  its  proper  functions.  They  sought  to 
guard  the  people  and  the  States  against  Federal 
usurpation,  and  one  of  them  Jefferson  pronounced 
"the  corner  stone  of  the  Constitution."  The 
ninth  amendment  prohibits  a  construction  by 
which  the  rights  retained  by  the  people  shall  be 
denied  or  disparaged  by  the  enumeration,  but  the 
tenth,  in  language  that  tyranny  cannot  pervert 
or  dispute,  "reserves  to  the  States  respectively  or 


214       Civil  History  of  tlie  Government 

to  the  people  the  powers  not  delegated  to  the 
United  States  nor  prohibited  to  the  States/' 

Could  any  language  more  conclusively  show  the 
ultimate  authority  of  the  States,  or  that  the  Gen 
eral  Government  has  no  more  right  to  enforce  its 
decision  against  those  of  the  several  States  where 
they  disagree  as  to  the  extent  of  their  respective 
powers  than  the  latter  have  of  enforcing  their 
decisions  in  like  cases  ?  This  reservation  was  in 
corporated  from  a  caution  deemed  unnecessary 
and  excessive  by  some,  because  such  a  reservation 
is  of  the  very  essence  and  structure  of  the  Con 
stitution,  but  it  has  been  vindicated  as  a  marked 
demonstration  of  the  wisdom  and  sagacity  of  the 
fathers.  Instead  of  receiving  powers,  the  States 
bestowed  them,  and  in  confirmation  of  their 
original  authority  most  carefully  reserved  every 
right  they  had  not  relinquished.  The  powers  re 
served  by  those  who  possessed  them,  the  distinct 
people  of  each  State,  are  those  not  delegated  or 
prohibited,  and  were  intended  to  remove  a  sus 
picion  of  a  tendency  in  the  Constitution  toward 
consolidation  which  had  been  vigorously  charged 
by  some  of  those  who  had  opposed  the  ratifica 
tion.  It  cannot  be  reiterated  too  often  that  the 
people  do  not  derive  their  rights  from  govern 
ment.  In  England  Magna  Charta  and  other  fran- 


of  the  Confederate  States.  215 

ehises  were  granted  by  kings  and  residuary  rights 
remain  in  and  with  the  government;  here  un- 
granted  rights  remain  with  the  grantors,  and 
these  are  the  people  of  the  States. 

RELATION    OF    STATES   TO    THE    UNION    UNDER    THE 
CONSTITUTION. 

We  are  now  prepared  to  consider  the  action  of 
the  South,  which  rested  upon  the  relation  which 
the  States  and  the  Federal  Government  bore  to 
each  other.  What  the  South  maintained  was  that 
the  Union,  or  General  Government,  emanated 
from  the  people  of  the  several  States,  acting  in 
their  separate  and  sovereign  capacity,  as  distinct 
political  communities;  that  the  Constitution,  be 
ing  a  compact  to  which  each  State  was  a  party  f 01 
the  purpose  of  good  government  and  the  protec 
tion  of  life,  liberty  and  property,  the  several 
States  had  the  right  to  judge  of  infractions  of  the 
Constitution,  or  of  the  failure  of  the  common  gov 
ernment  to  subserve  its  covenanted  ends,  and  to 
interpose  by  secession  or  otherwise  for  protecting 
the  great  residuary  mass  of  undelegated  powers, 
and  for  maintaining  within  their  respective  limits 
the  authorities,  rights  and  liberties  appertaining 
to  them.  The  third  Virginia  resolution  of  1798, 
drawn  by  Madison,  puts  this  very  clearly:  "That 
this  assembly  doth  explicitly  and  peremptorily  de- 


216       Civil  History  of  the  Government 

clare  that  it  views  the  powers  of  the  Federal  Gov 
ernment  as  resulting  from  the  compact  to  which 
the  States  are  parties,  as  limited  by  the  plain  sense 
and  intention  of  the  instrument  constituting 
that  compact,  as  no  further  valid  than  they  are 
authorized  by  the  grants  enumerated  in  the  com 
pact,  and  that  in  case  of  deliberate,  palpable  and 
dangerous  exercise  of  other  powers  not  granted  by 
the  said  compact,  the  States,  who  are  parties 
thereto,  have  the  right  and  are  in  duty  bound  to 
interpose  for  arresting  the  progress  of  the  evil 
and  for  maintaining  within  their  respective  limits 
the  authorities,  rights  and  liberties  appertaining 
to  them." 

The  States,  in  adopting  the  Constitution  and 
surrendering  many  attributes  of  sovereignty, 
might  have  surrendered  all  their  powers  and 
even  their  separate  existence.  Were  they  guilty 
of  this  felo  de  se,  or  did  each  retain  the  equal 
right  to  judge  of  the  failure  of  the  govern 
ment  to  accomplish  stipulated  objects  as  well  as 
of  the  mode  and  measure  of  redress  and  the  means 
of  protecting  its  citizens  ?  We  have  held  that  the 
obvious  and  chief  purpose  of  the  Constitution  was 
to  invest  the  Federal  Government  with  such  pow 
ers  only  as  equally  affected  the  members  of  the 
community  called  the  Union  and  to  leave  to  the 


of  the  Confederate  States.  217 

States  all  remaining  powers.  The  greater  part  of 
the  powers  delegated  to  the  General  Government 
relate  directly  or  indirectly  to  two  great  divisions 
of  authority — the  one  pertaining  to  the  foreign 
relations  of  the  country;  the  other  of  an  internal 
character — the  purposes  for  which  the  Constitu 
tion  was  formed  being  power,  security  and  re 
spectability  without,  and  peace,  tranquillity  and 
harmony  within.  Mr.  Calhoun,  in  early  political 
life,  stated  clearly  our  dual  system.  The  Ameri 
can  Union  is  a  democratic  federal  republic — a  po 
litical  system  compounded  of  the  separate  govern 
ments  of  the  several  States  and  of  one  common 
government  of  all  the  States,  called  the  Govern 
ment  of  the  United  States.  The  powers  of  each 
are -sovereign,  and  neither  derives  its  powers  from 
the  other.  In  their  respective  spheres  neither  is 
subordinate  to  the  other,  but  coordinate;  and, 
being  coordinate,  each  has  the  right  of  protecting 
its  own  powers  from  the  encroachments  of  the 
other,  the  two  combined  forming  one  entire  and 
separate  government.  The  line  of  demarkation 
between  the  powers  delegated  to  the  Federal  Gov 
ernment  and  the  powers  reserved  to  the  States  is 
plain,  inasmuch  as  all  the  powers  delegated  to 
the  General  Government  are  expressly  laid  down, 

28 


218       Civil  History  of  the  Government 

and  those  not  delegated  are  reserved  to  the  States 
unless  specially  prohibited. 

Much  is  said  and  written  in  praise  of  the  British 
Constitution,  but  in  large  degree  it  is  intangible 
and  indefinable.  It  exists  in  no  exact  form,  except 
as  contained  in  Magna  Charta,  Petition  of  Eight 
and  some  other  muniments  of  liberty.  Elsewhere  it 
is  to  be  searched  for  in  usage,  tradition,  precedent 
and  public  opinion,  and  chiefly  consists  in  direct 
parliamentary  control  of  the  responsible  heads  of 
the  great  departments  of  state.  Knowing  how 
illusory  and  deceptive  were  constitutional  guaran 
tees,  which  existed  only  in  repealable  statutes  or 
the  varying  will  of  parliament,  our  ancestors  pre 
ferred  to  repose  on  fixed  definitions  and  asserted 
rights,  embodied  in  organic  law,  having  more  dig 
nity,  permanence  and  sacredness  than  a  mere 
municipal  or  statutory  regulation.  In  proportion 
as  power  was  liable  to  be  abused,  it  was  thought 
wise  to  impose  and  strengthen  checks  and  re 
straints.  If  the  judgment  of  the  governing  body 
be  the  only  limit  to  its  powers,  then  there  is  noth 
ing  to  control  that  judgment  or  to  correct  its 
errors.  The  minority  is  regulated  to  the  uncer 
tain  remedy  of  rebellion  or  revolution.  Restric 
tions,  however  clear  and  ascertainable,  if  there 
be  no  right  or  power  to  enforce,  will  end  in  legis- 


of  the  Confederate  States.  219 

lative  omnipotence  which  makes  useless  a  written 
constitution.  True  liberty  demands  severe  re 
straints  to  prevent  degeneracy  into  license  and 
needs  a  discipline  to  be  compelled  by  some  exte 
rior  authority.  It  is  absurd  to  make  one's  rights 
contingent  upon  the  conscience  or  reason  of  an 
other. 

There  is  but  one  safe  rule  to  be  adopted 
by  those  intrusted  with  ecclesiastical  or  civil 
power — if  you  do  not  wish  to  hurt  me,  put  it  out 
of  your  power  to  do  so.  If  a  government,  or  a 
department  of  a  government,  can  interpret  finally 
its  own  powers,  or  take  without  hindrance  what 
powers  it  pleases,  then  it  may  as  well  have  had 
originally  all  powers,  without  the  mockery  of  a 
verbal  limitation.  Mr.  Jefferson  deprecated 
"usurpation  of  the  powers  retained  by  the  States, 
interpolations  into  the  compact,  and  direct  in 
fractions  of  it,"  and  as  late  as  1825  solemnly  as 
serted  that  though  a  dissolution  of  the  Union 
would  be  a  great  calamity,  submission  to  a  gov 
ernment  of  unlimited  powers  would  be  a  greater. 
Under  our  written  Constitution  the  powers  of  the 
government  were  distributed  among  several  co 
ordinate  departments,  and  instead  of  being  left 
to  be  scrambled  for  were  denned  with  such  pre 
cision  that  generally  each  may  ascertain  its  own, 


220       Civil  History  of  the  Government 

unless  blinded  by  ambition  or  partisanship  or  sel 
fishness.  The  jurisdiction  of  each  is  limited  to 
certain  enumerated  objects,  and  this  division, 
with  checks  and  balances,  was  to  prevent  the  evils 
Jefferson  deplored,  and  which  have  always  at 
tended  irresponsible  and  ill-defined  authority. 

As  the  written  Constitution,  with  all  its  supe 
riority  to  unwritten  usage,  is  not  self-executory, 
the  practical  and  vital  question  continually  arises, 
who  is  to  guard  and  enforce  its  limitations,  and 
who  is  the  ultimate  arbiter  in  case  of  dangerous 
infractions?  The  famous  Kentucky  resolutions 
of  1798,  drawn  by  Jefferson,  affirm  that  the  States 
composing  the  Union  are  not  united  on  the  prin 
ciple  of  unlimited  submission  to  their  general 
government;  that  each  State,  while  delegating 
certain  definite  powers  to  that  government,  re 
served  the  residuary  mass  of  right  to  their  own 
self-government;  and  that  the  government  created 
by  the  compact  to  which  each  State  acceded  as  a 
State  and  is  an  integral  party,  was  not  made  the 
exclusive  or  final  judge  of  the  powers  delegated 
to  itself,  since  that  would  have  made  its  discre 
tion  and  not  the  Constitution  the  measure  of  its 
powers.  In  1799  he  reaffirmed  the  declaration 
and  added  that  the  principle  that  the  General 
Government  was  the  exclusive  judge  of  the  pow- 


of  the  Confederate  States.  22.1 

ers  delegated  to  it  stopped  nothing  short  of  des 
potism. 

The  favorite  allegation  of  consolidationists  is 
that  the  Constitution  and  the  laws  made  in 
pursuance  thereof  are  the  supreme  law  of  the 
land.  No  one  questions  that  statement,  but  what 
is  the  Constitution — what  laws  are  in  pursuance 
thereof?  The  consequent  assumption  is  that  the 
Supreme  Court  is  the  safe  referee  and  the  final 
judge.  In  all  questions  of  a  judicial  nature  of 
which  the  court  has  lawful  cognizance,  it  is  the 
final  judge  and  interpreter,  and  there  is  no  power 
in  the  government  to  which  the  court  belongs  to 
reverse  its  decisions  or  resist  its  authority,  but  the 
jurisdiction  of  the  Federal  courts  is  limited  and 
the  Federal  judiciary  is  only  a  department  of  the 
government  whose  acts  are  called  in  question. 
Numerous  instances  of  usurped  powers  might  oc 
cur  which  the  form  of  the  Constitution  could 
never  draw  within  the  control  of  the  judicial  de 
partment.  The  Supreme  Court  might  assume 
jurisdiction  over  subjects  not  allowed  by  the  Con 
stitution,  and  there  is  no  power  in  the  General 
Government  to  gainsay  it. 

Charles  Sumner,  associated  in  the  Northern 
mind  with  John  Brown  as  a  semi-inspired  apostle, 
spoke  in  1854  in  lofty  scorn  of  according  to  the 


222       Civil  History  of  the  Government 

Supreme  Court  the  "power  of  fastening  such, 
interpretation  as  they  see  fit  upon  any  part  of 
the  Constitution — adding  to  it,  or  subtracting 
from  it,  or  positively  varying  its  requirements — 
actually  making  and  unmaking  the  Constitu 
tion;  and  to  their  work  all  good  citizens  must 
bow  as  of  equal  authority  with  the  original  in 
strument."  Sometimes  the  court  is  divided,  the 
dissenting  judges  possessing  hy  universal  con 
cession  the  greater  wisdom,  more  legal  learn 
ing  and  ability;  sometimes,  not  bound  by  its 
own  judgment,  the  court  reverses  its  decisions  and 
stands  on  both  sides  of  a  question.  "If  the  court 
itself  be  not  constrained  by  its  own  precedents, 
how  can  coordinate  branches  under  oath  to  sup 
port  the  Constitution,"  and  the  creating  States, 
"like  the  court  itself,  called  incidentally  to  inter 
pret  the  Constitution,  be  constrained  by  them?" 
Sometimes  to  procure  a  reversal  it  is  held  that  the 
court,  by  action  of  Congress,  may  hereafter  be 
constituted  differently,  and  we  have  a  memorable 
precedent  of  the  enlargement  of  the  court  and  of 
the  appointment  of  additional  justices,  whose 
opinions  were  well  known  in  advance,  in  order  to 
secure  a  reversal  of  the  legal  tender  decision. 

Jefferson,  in  1820,  saw  how  by  the  silent  and 
potential  influence  of  judicial  interpretation  the 


of  the  Confederate  States.  223 

government  was  in  great  danger,  and  he  wrote  to 
Thomas  Eitehie:  "The  judiciary  of  the  United 
States  is  the  subtle  corps  of  sappers  and  miners 
constantly  working  underground  to  undermine 
the  foundations  of  our  confederated  fabric.  *  * 
A  judiciary  independent  of  a  king  or  executive 
alone  is  a  good  thing,  but  independence  of  the  will 
of  the  nation  is  a  solecism,  at  least  in  a  republican 
government."  The  powers  reserved  in  the  tenth 
amendment  are  not  only  reserved  against  the 
Federal  Government  in  whole,  but  against  each 
department,  the  judicial  as  well  as  the  legislative 
and  executive.  Otherwise  the  Federal  sphere  is 
supreme  and  the  spheres  of  the  States  are  subor 
dinate. 

It  cannot  be  tolerated  for  a  moment  that  the 
Supreme  Court  has  the  right  to  modify  every 
power  inhering  in  the  State  governments,  or  un- 
delegated  by  the  people,  so  as  to  exempt  its  own 
action  from,  their  influence.  That  would  be  to 
concentrate  absolute  sovereignty  in  the  court.  If 
the  Federal  Government,  in  its  entirety,  has  no 
authority  in  the  last  resort  to  judge  of  the  extent 
of  its  own  powers,  how  can  a  single  department, 
even  the  Supreme  Court,  have  this  authority? 
What  folly  for  the  States  to  reserve  powers 
against  the  Federal  Government  if  that  govern- 


224:       Civil  History  of  the  Government 

merit,  in  whole  or  in  part,  has  the  ultimate  deci 
sion  as  to  what  was  reserved!  To  the  Supreme 
Court  all  the  jurisdiction  which  properly  belongs 
is  cheerfully  yielded,  but  in  it  no  more  than  in 
the  other  departments  can  be  safely  reposed  the 
trust  of  ascertaining,  defining,  or  limiting  the  un- 
delegated  powers  of  the  States. 

History  is  said  to  be  constantly  repeating  itself. 
This  assumption  of  the  Federal  Government 
through  all  or  either  of  the  departments  to  de 
cide,  ultimately  and  authoritatively,  upon  the 
character  and  extent  of  the  grants  and  limitations 
of  the  Constitution,  upon  the  powers  it  possesses, 
is  a  claim  of  absolute  sovereignty  and  is  not  dis 
tinguishable  from  the  unrepublican  theory  of 
the  Divine  Right,  as  expounded  by  Filmer  and 
other  such  writers.  Reduced  to  its  real  signifi 
cance,  it  is  practically  what  was  asserted  by  the 
"Holy  Alliance"  of  1815,  when  certain  European 
sovereigns,  under  a  kind  of  approved  orthodox 
despotism,  assumed  the  prerogative  to  perpetuate 
existing  dynasties,  to  suppress  rebellions  and  revo 
lutions,  and  to-  crush  out  civil  and  religious  lib 
erty.  This  alliance  insisted  that  governments  did 
not  derive  their  authority  or  legitimacy  from  the 
assent  of  the  people;  that  all  who  asserted  such 
political  heresies  were  outlaws  and  traitors;  that 


of  the  Confederate  States.  225 

constitutions  have  no  legitimate  source  except 
absolute  power;  that  governments  grant  or  with 
hold  what  they  please;  that  every  movement  in 
opposition  to  the  "powers  that  he"  is  a  monster 
to  he  crushed;  and  that  all  resistance  to  oppression 
is  involved  in  the  same  anathema,  however  legiti 
mate  or  defensible. 

There  are  some  who  see  and  concede  the  un 
reasonableness  of  making  the  discretion  of  a  ma 
jority  in  Congress  the  measure  of  the  powers 
granted  or  withheld  in  the  Constitution,  and  that 
this  nullifies  the  limitations  and  guarantees  of 
the  compact,  and  they  recognize  the  necessity  of 
resistance  and  interposition  where  reserved  rights 
have  been  trampled  on.  Declining  to  accept  the 
State  rights  theory,  they  have,  under  the  stress 
of  the  necessity  of  not  leaving  wrongs  unrighted 
and  guarantees  disregarded,  suggested  that  the 
true  remedy  is  an  appeal  to  the  "sober  second 
thought"  of  the  people,  or,  that  failing,  to  a  popu 
lar  uprising  to  overthrow  the  offending  govern 
ment.  This  is  the  logical  fallacy  of  begging  the 
question.  What  people?  En  masse?  No  such 
people  politically  ever  existed.  The  people  who 
offended  ?  Who  will  convince  them  of  their  error  ? 

"  When  self  the  wavering  balance  shakes, 
It's  rarely  right  adjusted" 


226       Civil  History  of  the  Government 

Rebellion  or  revolution  assumes  that  the  acts 
complained  of  were  done  by  legitimate  authority, 
in  due  course  of  procedure,  according  to  valid 
forms.  That  is  the  gist  of  the  question  in  issue. 
If  successful,  rebellion  becomes  right;  if  unsuc 
cessful,  it  is  treason.  It  is  not  an  appeal  to  reason, 
justice,  morality,  law,  but  to  brute  force.  It  be 
longs  to  the  slave,  and  is  the  mere  right  of  self- 
preservation.  It  is  a  travesty  on  freedom,  on  con 
stitutions,  on  civilizations.  Might  can  never  make 
right.  It  is  great  only  in  the  service  of  right 
eousness.  Were  Satan  omnipotent  he  would  be 
none  the  less  Satan,  rather  all  the  more  the  in 
carnation  of  evil,  in  potent  antagonism  to  the 
good.  Our  fathers  do  not  deserve  such  a  re 
proach.  They  were  not  guilty  of  such  folly.  With 
a  prescient  statesmanship,  far  beyond  their  times, 
they  made  adequate  protection  for  the  rights  and 
liberties  of  posterity,  and  made  not  their  main 
tenance  dependent  on  avoirdupois  or  the  fluctu 
ating  will  of  an  interested  or  fanatical  populace. 

STATES  MUST  DECIDE — SECTIONALISM  PRODUCED  DIS 
UNION. 

The  Federal  Government,  as  the  representative 
and  embodiment  of  the  delegated  powers,  has  no 
disposition,  and,  within  itself  or  in  its  organiza- 


of  the  Confederate  States.  227 

tion,  no  provisions  to  prevent  the  delegated  from 
encroaching  on  the  powers  reserved  to  the  severa] 
States.  This  government,  neither  through  th$ 
President,  the  Congress,  nor  the  courts,  having 
the  right  to  determine  finally  whether  the  com 
pact  has  been  dangerously  violated  or  has  failecj 
to  subserve  the  purpose  of  its  formation,  it  follows, 
irresistibly  that  where  the  forms  of  the  Constitu 
tion  prove  ineffectual  against  dangers  to  the  equal 
ity  and  essential  rights  of  the  States,  the  parties 
to  it,  these  States  have  the  sole  right  to  inter^ 
fere  for  arresting  the  progress  of  the  evil  and  for 
maintaining  within  their  respective  limits  the 
rights  and  liberties  appertaining  to  them.  The 
interposition  of  a  State  in  its  sovereign  character, 
as  a  party  to  the  constitutional  compact,  was  th<* 
only  means  furnished  by  the  system  to  resist  en 
croachments  and  prevent  entire  absorption  of  the, 
powers  which  were  purposely  withheld  from  the 
General  Government.  Madison  said:  "Where  re 
sort  can  be  had  to  no  tribunal  superior  to  the 
authority  of  the  parties,  the  parties  themselves 
must  be  the  rightful  judges  in  the  last  resort, 
whether  the  bargain  made  has  been  pursued  or 
violated.  The  Constitution  of  the  United  States 
was  formed  by  the  sanction  of  the  States,  given 
by ,  each  in  its  sovereign  capacity.  The  States, 


228       Civil  History  of  the  Government 

then,  being  parties  to  the  constitutional  compact 
and  in  their  sovereign  capacity,  it  follows  of  ne 
cessity  that  there  can  be  no  tribunal  above  their 
authority  to  decide,  in  the  last  resort,  whether 
the  compact  made  by  them  be  violated,  and  con 
sequently  that,  as  the  parties  to  it,  they  must 
themselves  decide,  in  the  last  resort,  such  ques? 
tions  as  may  be  of  sufficient  magnitude  to  require 
their  interposition."  An  assemblage  of  citizens 
of  Boston  in  Faneuil  Hall,  in  1809,  state,  in  a 
celebrated  memorial,  that  they  looked  only  to  the 
State  legislatures,  who  were  competent  to  devise 
relief  against  the  unconstitutional  acts  of  the 
General  Government.  "That  your  power  is  ade 
quate  to  that  object  is  evident  from  the  organiza 
tion  of  the  confederacy." 

How  the  States  were  to  exercise  this  high  power 
of  interposition,  which  constitutes  so  essential  a 
portion  of  their  reserved  rights  that  it  cannot  be 
delegated  without  an  entire  surrender  of  their 
sovereignty  and  converting  our  system  from  a 
federal  into  a  consolidated  government,  is  a  ques 
tion  that  the  States  only  are  competent  to  deter 
mine.  The  reservation  of  powers  is  to  "the. 
States  respectively";  that  is?  to  each  State  sepa 
rately  and  distinctly.  The  Constitution  contains- 


of  the  Confederate  States.  229 

no  provision  whatsoever  for  the  exercise  of  the 
rights  reserved  nor  any  stipulation  respecting  it. 

It  does  not  seem  reasonable  to  look  to  the 
Government  of  the  United  States,  in  which  the 
delegated  powers  are  vested,  for  the  means  of  re 
sisting  encroachments  on  the  reserved  powers. 
That  would  be  to  expect  power  to  tie  its  own 
hands,  to  relinquish  its  own  claims,  or  to  look  for 
protection  against  danger  to  the  quarter  from 
which  only  it  could  possibly  come.* 

Every  sovereignty  is  the  judge  alone  of  its 
own  compacts  and  agreements.  Each  State  must 
have  the  right  to  interpret  the  agreement  for 
itself  unless  it  has  clearly  waived  that  right  in 
favor  of  another  power.  That  it  has  not  been 
waived  has  been  placed  beyond  refutation,  for 
otherwise  the  powers  of  the  government  at  Wash 
ington  are  universal  and  the  enumerations  and 
reservations  are  idle  mockeries.  And  so  a  written 
constitution,  however  carefully  guarded  the  grant 
and  limitations,  is  no  barrier  against  the  usurpa 
tions  of  governments  and  no  security  for  the 
rights  and  liberties  of  the  people.  Restrictions 
are  contemptuously  disregarded  or  undermined 
by  the  gradual  process  of  usurpation,  until  the  in 
strument  is  of  no  more  force,  nor  any  more  re- 
• 

*1  Calhoun,  237. 


230       Civil  History  of  the  Government 

spected,  than  an  act  of  Congress.  Constitutional 
scruples  are  hooted  at,  and  suggested  barriers  of 
want  of  authority  are  ridiculed  as  abstractions  or 
the  theories  of  political  doctrinaires.  The  Federal 
judiciary,  the  Congress,  the  Executive,  the  Con 
stitution,  the  Union,  are  but  emanations  of  the 
sovereignty  of  the  States,  and  the  States  are  not 
bound  by  their  wishes,  necessities,  action,  except 
as  they  have  agreed  to  be  bound,  and  this  agree 
ment  was  made,  not  with  the  Union,  the  Federal 
Government,  their  agent  and  creature,  but  with 
one  another.  "Vicious  legislation  must  be  reme 
died  by  the  people  who  suffer  from  the  effects  of 
it,  and  not  by  those  who  enjoy  its  benefits.'' 
(Bryan).  They  made  their  compact  as  sovereign 
States,  and  as  such  they  alone  are  to  determine 
the  nature  and  extent  of  that  agreement  and  how 
far  they  are  to  be  bound.  Each  State  was  grantor 
and  grantee  receiving  precisely  what  it  had 
granted. 

The  Federal  Government  was  in  no  sense  a 
party  to  the  Constitution;  it  has  no  original 
powers  and  can  exert  only  what  the  States 
surrendered  to  it,  and  these  States,  from  the 
very  nature  and  structure  of  the  common  gov 
ernment,  are  alone  competent  to  decide,  in  the 
last  resort,  what  powers  they  intended  to  confer 


of  the  Confederate  States.  231 

upon  their  agent.  The  States  were  not  so  stupid 
as  to  confer  upon  their  creature,  the  Union,  the 
power  to  obliterate  them,  or  reduce  them  to  the 
relation  of  dependence  which  counties  sustain  to 
the  State.  This  high,  supreme,  ultimate  power 
of  our  whole  system  resides  in  its  fullness  in  the 
people  of  the  several  States,  the  only  people 
known  to  us  as  performing  political  functions. 
The  General  Government  is  not  superior  to  the 
States,  and  has  no  existence  nor  autonomy  out 
side,  irrespective  of,  contrary  to,  the  States.  The 
Union  could  not  exist  a  day  if  all  of  the  States 
were  to  withdraw  their  cooperation.  The  Presi 
dent,  the  Senate  and  Eepresentatives,  with  all 
their  powers,  are  conditioned  upon  the  action  of 
the  States.  Hamilton,  in  Federalist,  No.  LIX., 
said:  "It  is  certainly  true  that  the  State  legisla 
tures,  by  forbearing  the  appointment  of  senators, 
may  destroy  the  National  Government/'  The 
Federal  Government,  the  Union,  as  a  corporate 
body  politic,  does  not  claim  its  life,  nor  a  single 
power,  from  the  people  apart  from  State  organi 
zations. 

In  truth  and  in  fact  there  is  not,  nor  ever  has 
been,  such  a  political  entity  as  the  people  of 
the  United  States  in  the  aggregate,  separated 
from,  independent  of,  the  voluntary  or  covenanted 


232       Civil  History  of  the  Government 

action  of  the  States.  That  anything  is  consti 
tutional  or  admissible  simply  because  the  judi 
ciary,  or  the  Executive,,  or  the  Congress,  or  the 
moral  convictions  of  citizens  approve,  or  the 
country  will  be  benefited  by  it,  is  a  modern  in 
vention,  and  has  no  basis  in  our  constitutional 
federal  republic.  To  put  in  it  the  least  objec 
tionable  form,  the  States,  in  their  undelegated 
powers,  are  as  important,  as  supreme,  as  the  Gen 
eral  Government,  and  the  theory  of  State  sub 
jugation,  of  provincial  dependencies,  is  a  pure 
afterthought  to  justify  arbitrary  and  ungranted 
authority.  It  is  indisputable  that  by  far  the 
greater  part  of  the  topics  of  legislation,  the  whole 
vast  range  of  rights  of  person  and  property — 
where  the  administration  of  law  and  justice  comes 
closest  home  to  the  daily  life  of  the  people — are 
exclusively  or  chiefly  within  the  power  of  the 
States.  The  number  of  topics  of  legislation  which 
lie  outside  the  pale  of  national  legislation  greatly 
exceeds  the  number  to  which  the  power  of  State 
legislation  does  not  extend.* 

If  the  Union  be  indissoluble,  with  equal  or 
greater  propriety,  we  may  affirm  that  the  States 
are  equal  and  indestructible. 


^Federalist,  No.  XIV.;  Mich.  Lect.  244;  1  Calhoun, 
197,  204,  214,  215. 


of  the  Confederate  States.  233 

When  the  adoption  of  the  Constitution  was  un 
der  discussion  before  the  State  conventions,  with 
an  uncertain  result,  its  enemies  were  alarmed  on 
account  of  the  magnitude  of  powers  conferred  on 
the  General  Government,  and  its  friends  were 
fearful  because  of  alleged  feebleness  in  compari 
son  with  extent  of  reserved  powers;  but  neither 
party  contended  that  an  increase  or  diminution 
of  power  could  constitutionally  be  made  by  im 
plication  and  inference  so  as  to  equip  the  central 
government  with  all  the  means  it  derived  in  the 
warfare  with  antagonists.  The  authors  of  The 
Federalist — the  essays  written  to  secure  the  ac 
ceptance  of  the  Constitution — insisted  that  the 
apprehended  inequality  did  not  exist,  and  that 
should  it  be  developed  the  States  would  be  able  to 
control.  Hamilton  wrote:  "The  General  Gov 
ernment  can  have  no  temptation  to  absorb  the 
local  authorities  left  with  the  States.  *  *  *  It 
is,  therefore,  improbable  that  there  should  exist  a 
disposition  in  the  Federal  councils  to  usurp  the 
powers  with  which  commerce,  finance,  negotia 
tion  and  war  are  connected.  Should  wantonness, 
lust  of  domination,  beget  such  a  disposition,  the 
sense  of  the  people  of  the  several  States  would 
control  the  indulgence  of  so  extravagant  an  ap 
petite."  This  redundant  exposition  of  the  doc- 


234       Civil  History  of  the  Government 

trine  that  there  can  be  no  tribunal  above  the 
authority  of  the  States,  and  that  in  them  reside 
the  ultimate  decision,  has  been  made  because 
there  is  such  a  painful  misunderstanding  of  the 
relation  the  Federal  Government  sustains  to  the 
States,  and  of  the  comparative  authority,  power 
and  value  of  the  Union  and  of  the  States. 

The  forebodings  of  those  who  dreaded  an  un 
due  enlargement  of  the  powers  of  the  central 
government — the  increase  of  centripetal  tenden 
cies  to  the  weakening  of  the  centrifugal — have 
been  more  than  realized.  Instead  of  a  rivalry  be 
tween  the  General  Government  and  the  States, 
between  the  delegated  and  the  reserved  powers, 
the  antagonism  has  proved  unreal  and  fallacious, 
and  the  strong  trend  has  been  arid  is  to  centrLli- 
zation,  justifying  the  prediction  of  Jefferson  that 
"when  all  government,  domestic  and  foreign,  in 
little  as  in  great  things,  shall  be  drawn  to  Wash 
ington  as  the  center  of  all  power,  it  will  render 
powerless  the  checks  provided  of  one  government 
on  another,  and  will  become  as  venal  and  op 
pressive  as  the  government  from  which  we  sepa 
rated."  By  an  irresistible  tendency  the  stronger 
has  absorbed  the  weaker,  and  is  concentrating  in 
itself  unlimited  and  uncontrollable  power.  This 
usurpation  has  been  carried  so  far  that  nothing 


of  the  Confederate  States.  235 

short  of  an  absolute  negative  on  the  part  of  the 
States  can  protect  against  the  encroachments  of  a 
growingly  centralized  government. 

For  a  few  years,  and  naturally,  States  were  supe 
rior  in  dignity,  and  two  citizens  of  South  Carolina 
declined  positions  on  the  Supreme  Court,  one  the 
chief-justiceship.  The  enlargement  of  territory,  the 
multiplication  of  States,  the  glory  resulting  from 
successful  wars,  the  enormous  prosperity  caused 
by  varied  climate  and  products,  free  interstate 
commerce,  religious  liberty,  the  stimulus  of  free 
institutions,  extensive  landed  proprietorship,  the 
immense  Federal  and  subsidizing  expenditures, 
government  partnership  in  business,  the  building 
up  of  favored  classes  and  interests  by  protective 
tariffs  and  bounties  and  discriminating  fiscal  pol 
icy,  the  vast  number  of  Federal  offices  constitu 
ting  Executive  patronage  and  conferred  not  as  a 
trust  for  the  public  good,  but  as  spoils  of  office 
and  rewards  for  partisans ;  a  huge  pension  system, 
destroying  local  patriotism  of  recipients  and  cor 
rupting  States — have  magnified  the  Government 
at  Washington  and  given  from  exuberance  of 
strength  a  resistless  impulse,  adverse  to  its  Fed 
eral  and  favorable  to  a  consolidated  character. 
This  revolutionary  change  has  been  attended  by 
the  grossest  inequality,  because  a  majority  has 


236       Civil  History  of  the  Government 

centered  in  one  section,  giving  it  absolute  con 
trol  on  all  questions  which  coincide  with  its  views 
and  interests. 

As  the  government  has  been  centralized, 
nationalized,  lost  its  original  character  as  a 
constitutional  Federal  republic,  its  power  has 
grown  by  what  it  has  fed  upon  and  its  patronage 
has  become  more  tempting  and  widespread.  Pro 
portionate  with  power  and  patronage,  and  in 
creasing  with  their  increase,  will  be  the  desire  to 
possess  the  control  over  them,  for  the  purpose  of 
individual  or  sectional  aggrandizement;  and  the 
stronger  this  desire  the  less  will  be  the  regard  for 
principles  and  the  Constitution,  and  the  greater 
the  tendency,  accompanied  by  increase  of  ability, 
to  unite  for  sectional  domination.* 

The  tariff  system,  framed  in  the  interests 
and  at  the  dictation  of  classes  and  persons 
that  contribute  liberally  in  elections;  the  taxa 
tion  practically  of  agricultural  exports,  grown 
preponderantly  in  one  section ;  the  partial,  inequi 
table  appropriations  for  rivers,  harbors,  public 
buildings;  the  concentration  of  the  financial 
operations  of  the  government  in  one  quarter  of 
the  Union;  the  theories  of  the  latitudinous  inter- 

*1  Calhoun,  241,  371. 


of  the  Confederate  States.  237 

pretation  of  the  Constitution  which  dominated 
parties  and  dictated  political  and  legislative  ac 
tion  at  the  North,  investing  Congress  with  the 
right  to  determine  what  ohjects  helong  to  the 
general  welfare,  have  been  most  potential  in  en 
riching  one  section  to  the  prejudice  of  the  other, 
and  in  enlarging  the  power,  prestige  and  influence 
of  the  Union. 

The  power  of  Congress  to  levy  duties  on  im 
ports  for  specific  purposes  has  been  enlarged 
into  an  unlimited  authority  to  protect  domestic 
manufactures  against  foreign  competition.  The 
effort  of  this  has  been  "to  impose  the  main 
burden  of  taxation  upon  the  Southern  people, 
who  were  consumers  and  not  manufacturers, 
not  only  by  the  enhanced  price  of  imports,  but 
indirectly  by  the  consequent  depreciation  of  the 
value  of  exports,  which  were  chiefly  the  products 
of  the  Southern  States."  The  increase  of  price 
was  not  always  paid  into  the  public  treasury,  but 
accrued  somewhat  to .  the  benefit  of  the  manu 
facturer.  What  revenues  went  into  the  treasury 
were  disbursed  most  unequally,  and  the  sectional 
discrimination,  enriching  one  portion  to  the  in 
jury  and  inequality  of  the  other,  tended  to  direct 
immigration  to  the  North  and  to  increase  the 
functions  and  influence  of  the  Federal  Govern- 


238       Civil  History  of  the  Government 

ment.  The  majority,  doing  the  injustice,  claim 
to  be  the  sole  judges  of  the  lightness  of  their  ac 
tion  and  whether  or  not  the  power  is  lodged  in 
their  hands.  The  minority  have  no  rights  which 
the  majority  are  bound  to  respect,  or  if  they  have, 
there  are  no  means  of  asserting  and  vindicating 
them.  The  majority,  which  are  sectional,  possess 
the  government,  measure  its  powers,  and  wield 
them  without  responsibility.  Enriched  by  their 
own  acts,  becoming  proud,  insolent,  greedy  of 
power  and  gain,  inflamed  by  cupidity,  avarice, 
monopoly,  they  arrogate  and  usurp;  and,  with 
each  succeeding  day,  what  was  very  questionable 
becomes  by  force  of  unresisted  precedent  a  prin 
ciple,  and  self-conceit  transmutes  exercise  of 
power  into  piety,  and  the  judgment  of  parties  and 
the  interest  of  classes  into  a  higher  law,  into  the 
will  of  God. 

We  find  in  England  and  other  countries  an 
aristocracy,  the  classes  in  the  enjoyment  of  pen 
sions,  tithes,  monopolies,  vested  rights,  exclu 
sive  privileges,  until,  with  blunted  sensibilities 
and  beclouded  intellects,  they  delude  themselves 
into  acquiescence  in,  and  support  of,  such  in 
equalities  and  wrongs.  So  in  the  United  States, 
tinder  powers  granted  in  the  Constitution,  such  as 
levying  duties  and  taxes,  regulating  commerce, 


of  the  Confederate  States.  239 

war,  appropriating  money,  disposing  of  territory 
and  other  property,  admitting  new  States,  the 
government  during  the  Confederate  war  incor 
porated  banks,  made  fiat  money  or  promises  to 
pay  a  legal  tender,  constructed  roads,  granted 
bounties  and  monopolies,  gave  away  the  property 
of  the  people,  prescribed  State  constitutions, 
emancipated  slaves,  fixed  terms  and  conditions  of 
suffrage,  dictated  manner  of  appointing  and  elect 
ing  senators,  assumed  control  over  railways  and 
industries,  and  absorbed  and  exercised  a  sovereign 
power  over  interstate  commerce,  capital,  labor, 
currency  and  property.  We  have  seen  an  alliance 
between  Congress  and  eleemosynaries,  senators 
taking  care  of  their  private  affairs  in  revenue 
bills,  and  manufacturers  before  sub-committees 
of  ways  and  means  and  of  finance  dictating  the 
subjects  to  be  taxed  and  the  amount  of  duties  to 
be  levied. 

One  wonders  how  these  revolutions  and  iniqui 
ties  have  been  accomplished.  Governor  Morris 
wrote  to  Timothy  Pickering  that  "the  legislative 
lion  will  not  be  entangled  in  the  meshes  of  a  logi 
cal  net.  The  legislature  will  always  make  the 
power  which  it  wishes  to  exercise."  One  of  the 
ablest  expounders  of  the  Constitution  deplores 
"the  science  of  verbality,"  the  artifice  of  so  ver- 


240       Civil  History  of  the  Government 

balizing  as  to  assail  and  destroy  the  plainest  pro 
visions.  The  instrumentality  of  inference  has 
sapped  and  mined  our  political  system.  Acute- 
ness  of  misinterpretation  and  construction  has 
accomplished  what  the  framers  of  the  Constitu 
tion  exerted  all  their  faculties,  by  specifications 
and  restrictions,  to  prevent,  so  that  constructive 
powers  have  been  as  seed-bearing  of  mischief  and 
usurpation  as  the  doctrine  of  constructive  trea 
son. 

Alexander  Hamilton  believed  honestly  that 
nothing  short  of  monarchical  institutions  would 
prove  adequate  to  the  wants  of  the  country,  and 
in  the  convention  of  1787  he  sought  to  conform 
the  new  government,  while  in  process  of  construc 
tion,  to  the  model  of  the  British,  which  he  re 
garded  as  the  best  ever  devised  by  the  wit  of 
man.  He  had  not  a  single  supporter,  and  after 
ward,  ably  and  effectively,  with  marked  patriot 
ism,  he  threw  his  pen  and  voice  in  favor  of  ratifi 
cation.  But  this  he  did  avowedly  as  a  temporary 
bond  of  union  and  as  the  only  avenue  of  escape 
from  anarchy.  Appointed  to  assist  in  carrying 
the  government  into  effect  and  sincerely  believing 
that  with  no  other  powers  than  those  he  so  well 
knew  it  was  intended  to  authorize,  it  must  prove 
a  failure,  and  the  government  must  go  to  pieces, 


of  the  Confederate  States.  241 

he  decided  unhesitatingly  to  do  under  it  whatever 
he,  in  good  faith,  might  think  would  promote  the 
general  welfare,  without  reference  to  the  inten 
tion  of  the  authors  of  the  Constitution.  The  dis 
cussions  to  show  that  his  principal  measures  were 
authorized  by  the  instrument,  were  in  deference 
to  the  prejudices  and  ideas  of  the  people — nothing 
more.  The  principle  of  construction  he  espoused 
was  to  make  good  all  laws  which  Congress  might 
deem  conducive  to  the  general  welfare,  and  which 
were  not  expressly  prohibited,  a  power  similar  to 
that  contained  in  the  plan  he  proposed  in  the 
convention.  He  desired,  in  short,  to  make  the 
Constitution  a  tablet  of  wax  upon  which  each  suc 
cessive  administration  would  be  at  liberty  to  im 
press  its  rescripts  to  be  promulgated  as  constitu 
tional  edicts.* 

Hamilton  laid  the  foundation  of  his  policy  so 
deep  and  with  so  much  skill  that  it  has  been 
impossible  to  reverse,  especially  under  conditions 
eo  favorable  to  centralization.  He  invoked  in 
support  of  his  measures  'the  selfishness,  the  cu 
pidity,  the  ambition  of  classes,  and  sought  to 
make  the  strength  of  the  government  depend,  as 
in  England,  on  the  interested  support  of  an  in 
telligent  and  combined  few.  An  impulse  in  ac- 

*Van  Buren's  Pol.  Parties  in  U.  S.,  211,  213. 

31 


242       Civil  History  of  the  Government 

cordance  with  his  theory  was  impressed,  and  has 
since  constantly  been  strengthened.  It  is  not  un 
common  to  hear  the  Constitution  ridiculed  as  an 
abstraction  or  an  effete  formula.  The  govern 
ment  has  grievously  departed  from  its  federal 
character,  and  reserved  powers  are  so  far  removed 
from  possible  application  in  case  of  controversy, 
that  State  rights,  when  seriously  mentioned,  pro 
voke  contempt  or  ridicule.  In  1824  Jefferson 
wrote  to  Van  Buren:  "General  Washington  was 
himself  sincerely  a  friend  to  the  republican  prin 
ciples  of  our  Constitution.  His  faith  might  not, 
perhaps,  have  been  as  confident  as  mine,  but  he 
repeatedly  declared  to  me  that  he  was  determined 
it  should  have  a  fair  chance  of  success,  and  that 
he  would  lose  the  last  drop  of  his  blood  in  its 
support  against  any  attempt  which  might  be  made 
to  change  it  from  its  republican  form." 

WHY  THE  SOUTH  RESISTED  FEDERAL  ENCROACHMENTS. 

It  can  now  clearly  be  seen  why  the  South,  being 
a  minority  section,  with  agriculture  a,s  the  chief 
occupation,  and  with  the  peculiar  institution  of 
African  slavery  fastened  on  her  by  Old  England 
and  New  England,  adhered  to  the  State  rights,  or 
Jeffersonian,  school  of  politics.  Those  doctrines 
contain  the  only  principles  or  policy  truly  con 
servative  of  the  Constitution.  Apart  from  them 


of  the  Confederate  States.  243 

checks  and  limitations  are  of  little  avail,  and  the 
Federal  Government  can  increase  its  powers  in 
definitely.  Without  some  adequate  restraint  or 
interposition,  the  whole  character  of  the  govern 
ment  is  changed,  and  forms,  if  retained,  will  be? 
as  they  have  been  in  other  countries,  merely  the 
disguises  for  accomplishing  what  selfishness  or 
ambition  may  dictate.  The  truest  friends  of  the 
republic  have  been  those  who  have  insisted  upon 
obedience  to  constitutional  requirements.  The 
real  enemies,  the  true  disunionists,  have  been 
those  who,  under  the  disguise  of  a  deceptive  name, 
have  perverted  the  name  and  true  functions  of  the 
government  and  Have  usurped,  for  selfish  or  parti 
san  ends,  or  at  the  demand  of  crazy  fanaticism, 
powers  which  States  never  surrendered. 

Those  who  contend  most  strenuously  for  the 
rights  of  the  States  and  for  a  strict  construction  of 
the  Constitution  are  the  genuine  lovers  and  friends 
of  the  Union.  Their  principles  conserve  law,  good 
order,  justice,  established  authority ;  and  their  un 
selfish  purpose  has  been  to  preserve  and  trans 
mit  our  free  institutions  as  they  came  from  the 
fathers,  sincerely  believing  that  their  course  and 
doctrines  were  necessary  to  preserve  for  them  and 
posterity  the  blessings  of  good  government.  The 
States  have  no  motive  to  encroach  on  the  Federal 
Government,  and  no  power  to  do  so,  if  so  inclined, 


244       Civil  History  of  the  Government 

while  the  Federal  Government  has  always  the  in 
clination  and  always  the  means  to  go  beyond  what 
has  been  granted  to  it.  iSTo  higher  encomium 
could  be  rendered  to  the  South  than  the  fact,  sus 
tained  by  her  whole  history,  that  she  never  vio 
lated  the  Constitution,  that  she  committed  no  ag 
gression  upon  the  rights  or  property  of  the  North, 
and  that  she  simply  asked  equality  in  the  Union 
and  the  enforcement  and  maintenance  of  her 
clearest  rights  and  guarantees.  The  latitudinous 
construction,  contended  for  by  one  party  and  one 
section,  has  been  the  open  door  through  whi.ch 
have  entered  the  grievances  of  which  the  people 
have  complained.  A  strict  construction  gives 
to  the  General  Government  all  the  powers  it  can 
beneficially  exert,  all  that  is  necessary  for  it  to 
have,  and  all  that  the  States  ever  purposed  to 
grant. 

Passion,  revenge,  cupidity,  ignorance  and  fa 
naticism  have  created  an  incurable  misunder 
standing  of  secession,  its  source  and  object.  In 
its  simplest  form  and  logically  it  meant  a  peace 
able  and  orderly  withdrawal  from  the  compact  of 
union,  a  dissolution  of  the  civil  partnership,  a 
claim  of  the  paramount  allegiance  of  citizens,  a 
declension  to  continue  under  the  obligations  due 
to  or  from  the  Federal  Government  or  the  other 
States.  The  authority  of  the  Constitution  re- 


of  the  Confederate  States.  245 

mained  intact  and  unimpaired  over  the  States  re 
maining  in  the  Union,  and  ceased  only  as  to  the 
seceding  States.  The  remaining  or  continuing 
States  had  no  right  of  coercion  nor  of  placing  the 
"  wayward  sisters  "  in  the  attitude  of  an  enemy. 
The  history  of  the  Union  does  not  show  any 
eagerness  on  the  part  of  any  State  to  interpose  its 
sovereign  power  for  protection.  During  the  first 
quarter  of  our  existence  as  a  confederate  union, 
New  England  showed  much  impatience  at  remain 
ing  under  the  bonds,  made  angry  and  repeated 
threats  of  dissolution,  hut  did  not  execute  her 
menaces.  The  truth  is,  that  the  Union  is  so 
strong,  has  so  many  advantages,  so  many  patriotic 
associations,  that  the  motives  and  reasons  for 
continuance  in  it,  for  patient  forbearance,  for 
submission  even  to  iniustice  and  wrong,  are  well- 
nigh  overwhelming. 

The  Southern  States  through  many  years 
showed  the  strength  of  their  attachment  to  the 
Union  by  immeasurable  sacrifices,  illustrated  their 
patriotism  by  acts  of  heroic  devotion,  and  got 
their  reluctant  consent  to  a  separation  only  after 
a  series  of  unendurable  wrongs,  and  the  most  in 
disputable  demonstration  of  the  purpose  of  a 
united  North  to  deprive  them  of  solemn  guaran 
tees  of  equality  in  the  Union.  From  the  "Mis 
souri  compromise" — prohibiting  Southern  exten- 


246       Civil  History  of  tlie  Government 

sion  north  of  the  line  of  thirty-six  degrees  thirty 
minutes — substituting  a  new  confederation  for 
the  old,  drawing  a  geographical  line,  south  of 
which  was  to  he  equality,  north  of  which  the 
Southern  States  were  proscribed,  dishonored, 
stigmatized,  establishing  the  policy  of  an  inter 
ference  by  Congress  with  an  interest  not  common 
among  all  the  States,  and  thus  creating  two  great 
combinations  of  States,  between  which  mutual 
provocations  were  manufactured,  down  to  the  War 
between  the  States,  the  Congress  and  the  govern 
ment  repeatedly  and  offensively  declared  that  the 
Southern  States  were  not  the  equals  of  the  North 
ern  States  in  the  benefits  of  the  Union,  that  prop 
erty  recognized  and  guaranteed  in  the  Constitu 
tion  must  be  restricted  within  narrow  lines,  and 
that  "territory  of  the  United  States,"  obtained 
at  the  cost  of  common  blood  and  common  treas 
ure,  was  not  to  be  equally  enjoyed,  but  was  to  be 
for  the  exclusive  possession  of  the  Northern 
States  with  their  civilization  and  property. 

Wendell  Phillips,  the  scholar,  lawyer,  orator, 
wrote  a  pamphlet  in  1845,  "  Can  Abolitionists 
Vote  or  Take  Office  Under  the  United  States  Con 
stitution?"  and  later  a  more  elaborate  treatise, 
"The  Constitution  a  Pro-Slavery  Compact,"  in 
which  he  alleged  and  proved  that  the  Constitution 
was  a  "  compromise,"  "  granting  to  the  slave- 


of  the  Confederate  States.  247 

holder  distinct  privileges  and  protection  for  his 
slave  property,  in  return  for  certain  commercial 
concessions  on  his  part  toward  the  North."  The 
extracts  from  the  Madison  Papers  and  other  con 
temporaneous  documents,  prove,  said  Phillips, 
"that  the  nation  at  large  was  fully  aware  of  this 
bargain  at  the  time,  and  entered  into  it  willingly 
and  with  open  eyes."  "  Every  candid  mind  must 
acknowledge  that  the  Constitution  is  clear  and 
explicit."  "  If  the  unanimous,  concurrent,  un 
broken  practice  of  every  department  of  the  gov 
ernment,  judicial,  executive  and  legislative,  and 
the  acquiescence  of  the  whole  people  for  fifty  years, 
do  not  prove  what  is  the  true  construction,  then 
how  and  where  can  such  a  question  ever  be  set 
tled?"  (See  pages  5,  7,  8,  et  passim). 

The  Northern  States,  not  in  the  regular  and 
prescribed  form,  but  in  most  irregular,  illegal, 
and  contemptuous  manner,  by  ecclesiastical  action 
and  influence,  by  legislative  and  judicial  annul 
ment,  by  public  meetings,  by  pulpit  and  press,  by 
mobs  and  conspiracies  and  secret  associations, 
made  null  and  void  a  clear  mandate  of  the  Con 
stitution,  protective  of  Southern  property  and 
adopted  as  an  indispensable  means  for  securing 
the  entrance  of  the  Southern  States  into  the 
Union.  To  use  the  language  of  President  Harri 
son:  "Government  of  the  mob  was  given  prefer- 


248       Civil  History  of  the  Government 

ence  over  government  of  the  law  enforced  by  the 
court  decrees  and  by  executive  orders."  The  high 
est  Northern  judicial  and  historical  authorities 
concede  that  the  Union  would  never  have  been 
formed  without  these  compacts  of  guarantee  and 
protection.  This  constitutional  provision  was 
sustained  by  the  Supreme  Court  and  by  every 
Congress  and  President  up  to  1861. 

Ten  Northern  States,  with  impunity,  with  the 
approval  of  such  men  as  Governor  Chase,  after 
ward  Secretary  of  the  Treasury  under  Mr.  Lin 
coln  and  Chief  Justice  of  the  Supreme  Court, 
nullified  the  Constitution,  declared  that  its 
stipulation  in  reference  to  the  reclamation  of 
fugitives  from  labor  was  "  a  dead  letter,"  and 
to  that  extent  they  dissolved  the  Union,  or  made 
an  ex  parte  change  of  the  terms  upon  which 
it  was  formed.  These  States  did  not  formally 
secede,  but  of  themselves,  without  assent  of 
those  Mr.  Jefferson  described  as  "  coparties  with 
themselves  to  the  compact,"  changed  the  con 
ditions  of  union  and  altered  the  articles  of  agree 
ment.  Releasing  themselves  by  their  own  motion, 
in  most  arbitrary,  extra-judicial,  extra-consti 
tutional  manner,  of  a  covenant  or  injunction 
of  the  Constitution,  because  in  their  opinion 
it  was  unwise,  they  still,  while  thus  in  flagrante 
delicto,  demanded  obedience  to  the  Constitution 


of  the  Confederate  States.  249 

and  laws  on  the  part  of  the  other  cosignitaries  to 
the  league  of  government. 

In  the  election  of  1860,  on  sectional  issues  and 
securing  sectional  ascendency,  this  rebellion 
against  legitimate  authority,  this  nullification, 
this  assumption  of  a  right  to  self-release  from  an 
imperative  constitutional  requirement,  this  set 
ting  up  of  private  judgment,  of  individual  or  cor 
porate  whim,  against  statutory  and  organic  law, 
and  unbroken  line  of  judicial  precedents  and  the 
undisputed  history  of  the  formation  of  the  Consti 
tution,  was  sanctioned  by  the  popular  vote  of  the 
North  and  the  election  of  President  Lincoln,  who 
had  boldly  declared  that  the  States  could  not  re 
main  in  union  as  they  had  originally  agreed  and 
stipulated.  In  that  election,  in  direct  antagonism 
to  the  opinions  and  covenants  of  the  men  who 
achieved  our  independence  and  framed  and 
adopted  the  Constitution  which  made  the  Union, 
it  was  deliberately  decided  that  the  States  could 
not  exist  together  as  slaveholding  and  non-slave- 
holding,  and  that  "the  irrepressible  conflict"  be 
tween  them  must  go  on  until  "the  relic  of  barba 
rism"  should  be  effaced  from  constitutions  and 
laws. 

That  election  divided  the  Union  into  fixed  hos 
tile  geographical  parties,  strongly  distinguished  by 
institutions,  traditions,  opinions  and  productions 

82 


250       Civil  History  of  the  Government 

and  pursuits,  the  stronger  struggling  and  by  the 
popular  verdict  licensed  to  enlarge  its  powers,  and 
the  weaker  striving  to  save  its  equality  and  rights. 
It  placed  in  the  hands  of  the  stronger,  dominated 
by  a  fanatical  spirit,  the  power  to  crush  the 
weaker  section  and  institutions,  to  destroy  at  will 
the  existing  constitutional  relation  between  the 
races,  and  to  leave  no  alternative  but  reduction  to 
provincial  condition,  or  resistance.  With  the  as 
cendency  previously  acquired  by  territorial  mo 
nopoly  and  government  favoritism,  it  was  now 
made  certain  that  political  power  was  centralized 
permanently  in  the  North  for  the  control  and  sub 
jection  of  the  South  whenever  the  feelings  or  in 
terests  of  the  sections  came  into  conflict.  What 
the  result  would  be  it  required  no  seer  to  pro 
phesy.* 

*  Whether  the  North  had  any  purpose  to  uphold  the 
Constitution  and  give  equality  in  the  Union  may  be 
judged  from  the  appended  opinions: 

"There  is  a  higher  law  than  the  Constitution  which 
regulates  our  authority  over  the  domain.  Slavery 
must  be  abolished,  and  we  must  do  it."— Wm.  H. 
Seivard. 

"The  time  is  fast  approaching  when  the  cry  will 
become  too  overpowering  to  resist.  Rather  than  tol 
erate  national  slavery  as  it  now  exists,  let  the  Union 
be  dissolved  at  once,  and  then  the  sin  of  slavery  will 
rest  where  it  belongs."— TV.  7.  Tribune. 

"The  Union  is  a  lie.    The  American  Union  is  an  im- 


of  the  Confederate  States.  251 

The  Southern  States  believed  that  the  transfer 
of  the  government  to  pronounced  hostility  to 
their  institutions  involved  a  repudiation  of  the 
covenanted  faith  of  their  sister  States,  and  re 
leased  them  from  the  burden  of  their  own  cove 
nants  when  they  were  denied  the  benefit  of  the 
corresponding  covenant  of  the  other  contracting 
States.  Seeing  the  hopelessness  of  security  from 
President,  or  Congress,  or  courts,  or  public  opin- 

posture,  a  covenant  with  death  and  an  agreement  with 
hell.  We  are  for  its  overthrow!  Up  with  the  flag  of 
disunion,  that  we  may  have  a  free  and  glorious  re 
public  of  our  own." — William  Lloyd  Garrison. 

"I  look  forward  to  the  day  when  there  shall  be  a 
servile  insurrection  in  the  South;  when  the  black  man, 
armed  with  British  bayonets,  and  led  on  by  British 
officers,  shall  assert  his  freedom  and  wage  a  war  of 
extermination  against  his  master.  And,  though  we 
may  not  mock  at  their  calamity  nor  laugh  when  their 
fear  cometh,  yet  we  will  hail  it  as  the  dawn  of  a 
political  millennium."— Joshua  R.  Giddings. 

"In  the  alternative  being  presented  of  the  continu 
ance  of  slavery  or  a  dissolution  of  the  Union,  we  are  for 
a  dissolution,  and  we  care  not  how  quick  it  comes." — 
Rufus  P.  Spaulding. 

"The  fugitive-slave  act  is  filled  with  horror;  we  are 
bound  to  disobey  this  act." — Charles  Sumner. 

"The  Advertiser  has  no  hesitation  in  saying  that  it 
does  not  hold  to  the  faithful  observance  of  the  fugi 
tive-slave  law  of  1850." — Portland  Advertiser. 

"I  have  no  doubt  but  the  free  and  slave  States  ought 
to  be  separated.  *  *  *  The  Union  is  not  worth 


252       Civil  History  of  the  Government 

ion,  all  inflexibly  averse  to  their  constitutional 
rights,  as  understood  by  the  patriot  fathers,  they 
felt  constrained  to  withdraw  from  a  government 
which  had  ceased  to  be  what  those  fathers  made 
it.  Not  to  have  done  this  would  have  been  to 
leave  the  stronger  section  in  entire  and  hostile 
control  of  the  government  and  to  consolidate  the 
powers  of  our  compound  system  in  the  central 
head.  The  last  hope  of  preserving  the  Constitu- 

supporting  in  connection  with  the  South." — Horace 
Greeley. 

"The  times  demand  and  we  must  have  an  anti- 
slavery  Constitution,  an  anti-slavery  Bible,  and  an 
anti-slavery  God." — Anson  P.  Burlingame. 

"There  is  merit  in  the  Republican  party.  It  is  this; 
It  is  the  first  sectional  party  ever  organized  in  this 
country.  *  *  *  It  is  not  national;  it  is  sectional. 
It  is  the  North  arrayed  against  the  South.  *  *  * 
The  first  crack  in  the  iceberg  is  visible;  you  will  yet 
hear  it  go  with  a  crack  through  the  centre." — Wendell 
Phillips. 

"The  cure  for  slavery  prescribed  by  Redpath  is  the 
only  infallible  remedy,  and  men  must  foment  insur 
rection  among  the  slaves  in  order  to  cure  the  evils. 
It  can  never  be  done  by  concessions  and  compromises. 
It  is  a  great  evil,  and  must  be  extinguished  by  still 
greater  ones.  It  is  positive  and  imperious  in  its  ap 
proaches,  and  must  be  overcome  with  equally  positive 
forces.  You  must  commit  an  assault  to  arrest  a  bur 
glar,  and  slavery  is  not  arrested  without  a  violation 
of  law  and  the  cry  of  fire." — Independent  Democrat, 
Leading  Republican  Paper  in  New  Hampshire. 


of  the  Confederate  States.  253 

tion  of  the  Union  being  extinguished,  nothing  re 
mained  except  to  submit  to  a  continuation  of  the 
violation  of  the  compact  of  union,  the  perversion 
of  the  grants  of  power  from  their  original  and 
proper  purposes,  or  to  assert  the  sovereign  right 
of  reassuming  the  grants  which  the  States  had 
made. 

SECESSION  THE   SEPARATE  AND   LEGAL   ACT   OF   THE 
STATES. 

It  is  not  uncommon  to  confound  the  secession 
of  a  State,  as  a  separate,  independent,  sovereign 
act,  with  the  subsequent  establishment  of  a  con 
federacy  or  a  common  government,  by  the  co 
operative  action  of  several  States  after  they  had 
seceded.  A  State,  by  virtue  of  its  individual,  sov 
ereign  right,  demonstrated  in  this  introductory 
chapter,  repealed  or  withdrew  its  act  of  accept 
ance  of  the  Constitution,  as  the  basis  or  bond  of 
union,  and  resumed  the  powers  which  had  been 
delegated  and  enumerated  in  that  instrument. 
This  act  of  resumption  of  delegated  powers,  as 
sertion  of  undelegated  sovereignty,  was  not  by 
the  legislature.  There  is  in  our  American  system 
what  is  not  found  elsewhere,  a  power  above  that 
of  the  Federal  or  of  the  State  government,  the 
power  of  the  people  of  the  State,  who  ordained 
and  established  constitutions  for  and  over  them- 


254:        Civil  History  of  the  Government 

selves.  No  secret  conspiracy  was  needed,  no  mask 
to  conceal  the  features  of  the  State,  no  secret 
place  in  which  to  concoct  or  consummate  the 
designs.  Everything  was  done  in  broad  daylight, 
and  inspection  was  invited  to  the  accomplishment 
of  what  had  been  repeatedly  avowed  as  the  logical 
consequence  of  sectional  supremacy.  The  people 
of  the  State — the  only  "people"  then  known  un 
der  our  political  system — had  a  regularly  and 
lawfully  constituted  government  already  in  their 
hands  and  subject  to  their  direction.  They  had 
a  complete  corps  of  administrative  officers,  an 
executive,  a  legislature,  a  judiciary,  filling  every 
department  of  a  free,  representative  government, 
all  holding  office  under  State  authority  alone  and 
wearing  no  badge  of  official  subordination  to  any 
power.  This  government  was  complete  in  all  its 
functions  and  powers,  unchanged  as  to  its  inter 
nal  affairs,  altered  only  in  its  external  or  Federal 
relations,  and  law  and  order  reigned  in  every  por 
tion  of  the  State  precisely  as  if  no  change  had 
occurred.  The  secession  was  as  valid  as  the  act 
of  ratification  by  which  the  State  entered  the 
Union.  The  secession,  or  withdrawal  of  a  State 
from  a  league,  had  no  revolutionary  or  insurrec 
tionary  character,  and  nothing  which  could  be 
tortured  into  rebellion  or  treason  except  by  igno 
rance  or  malignity. 


of  the  Confederate  States.  255 

Several  States  having  openly,  with  most  public 
declaration  of  purposes,  withdrawn  from  the  com 
pact,  they  established  a  union,  a  confederacy  of 
States,  for  themselves.  The  Confederate  Constitu 
tion  was  formed,  adopted  and  ratified  in  precisely 
the  same  manner  and  by  the  same  forms  and 
agencies  as  the  Constitution  of  the  United  States. 
Not  a  clause  nor  article  interfered  with  the  right 
of  any  Northern  State  or  citizen.  No  assault 
was  made  upon  property  or  institutions  of  any 
other  people.  The  model  of  the  Constitution, 
of  the  Union,  which  had  been  respected,  obeyed 
and  revered  by  the  Southern  States,  was  followed, 
with  only  such  changes  as  time  and  experience  had 
demonstrated  to  be  necessary  for  the  States  to 
retain  their  equality  in  the  Union  and  have  their 
guaranteed  rights  respected.  There  seemed  no 
other  alternative  for  the  security  of  the  domestic 
institutions  of  self-governing  States — institutions 
over  which  neither  the  Federal  Government  nor 
people  outside  the  limits  of  such  States  had  any 
control,  and  for  which  they  had  no  moral  or  legal 
responsibility.  Southern  life  was  habitually  de 
nounced  as  utter  "barbarism/'  and  an  institution 
of  the  remotest  origin,  sanctioned  in  the  Old  and 
New  Testaments  and  by  the  law  of  nations,  and 
upheld  for  centuries  by  all  civilized  governments, 
and  existing  at  the  time  of  the  Declaration  of  Inde- 


256        Civil  History  of  the  Government 

pendence  in  all  the  States,  was  held  up  to  odium 
as  "the  sum  of  all  villainies,"  and  the  Constitu 
tion,  "because  of  its  explicit  recognition  a-nd  guar 
antee  of  this  institution,  was  spurned  as  "a  cove 
nant  with  death  and  an  agreement  with  hell."  It 
was  a  logical  and  inevitable  inference  that  the 
predominant  and  fanatical  sentiment  of  the  North 
should  purge  the  country  of  such  an  "unmitigated 
crime"  hy  its  speedy  suppression,  and  that  in 
vested  with  or  arrogating  supreme  power,  it 
should  throw  its  irresistible  weight  in  the  sacrifice 
of  Southern  interests  to  a  remorseless  and  de 
structive  propagandism. 

No  one  would  now  hazard  the  assertion  that  if 
the  Southern  States  had  acquiesced  in  the  result 
of  the  elections  of  1860,  the  equality  and  rights 
of  the  Southern  States  could  have  continued  un 
impaired  by  the  unfriendly  action  of  the  govern 
ment  at  Washington  and  of  the  Northern  States. 
We  need  not  be  left  to  conjecture  as  to  what  would 
have  occurred,  for  a  few  years  later — not  during 
the  frenzy  of  the  war,  but  in  the  flush  of  victory 
and  the  strength  of  peace — we  had  a  notable  il 
lustration  of  the  insecurity  of  reliance  upon  the 
clearest  constitutional  prohibition.  The  Supreme 
Court,  exercising  its  constitutional  power  and 
duty,  gave  an  interpretation  to  the  legal  tender 
law  that  was  not  pleasing  to  Congress  and  certain 


of  the  Confederate  States.  257 

moneyed  interests.  As  a  rebuke  and  remedy  tKe 
court  was  reconstructed,  the  number  of  judges 
was  increased,  to  reconsider  and  reverse  the  judg 
ment,  and  this  process  President  Harrison,  speak 
ing  on  a  kindred  subject  in  a  political  address  in 
New  York,  characterized  as  "packing  the  court 
with  men  who  will  decide  as  Congress  wants  them 
to." 

Perhaps  more  conclusive  proof  of  the  insecurity 
of  a  minority  and  of  unresisted  tendency  toward 
assumption  of  all  power  which  may  be  supposed 
to  be  needed  for  the  accomplishment  of  coveted 
ends,  may  be  found  in  the  reconstruction  meas 
ures,  which  were  deliberately  purposed  to  punish 
"the  rebels"  and  to  subject  the  white  people  to 
negro  domination.  Roger  Foster,  in  his  com 
mentaries  on  the  Constitution,  1896  (pages  265- 
267),  speaks  of  the  dealings  of  Congress  and  the 
Federal  Government  with  the  Southern  States 
during  the  period  of  reconstruction.  At  his  hands 
the  story  becomes  a  gloomy  tale  of  vacillation,  in 
timidation  and  fraud;  but  he  tells  it  with  plain 
ness  and  directness  and  with  more  than  his  usual 
force.  In  his  opinion  "the  validity  of  the  acts  of 
Congress"  is  "open  to  investigation,"  and,  "in 
view  of  the  language  of  the  Constitution,  the  de 
cisions  of  the  courts  on  cognate  questions,  and 
the  action  of  Congress  in  other  respects  towaxd 


3:5 


258        Civil  History  of  the  Government 

the  States  which  were  the  seat  of  the  insurrection, 
it  seems  impossible  to  find  any  justification  for 
them  in  law,  precedent,  or  consistency.  *  *  * 
The  reconstruction  acts  must  consequently  be 
condemned  as  unconstitutional,  founded  on  force, 
not  law,  and  so  tyrannical  as  to  imperil  the  lib 
erty  of  the  entire  nation  should  they  be  recog 
nized  as  binding  precedents." 

The  change  of  sentiment  in  reference  to  John 
Brown  is  a  startling  revelation  of  the  rapidity 
with  which  sectional  and  political  hostility  can 
pervert  the  judgment  and  the  conscience.  In 
October,  1859,  this  bold,  bad  man  attempted 
his  bloody  foray  into  Virginia,,  fraught  with 
most  terrible  consequences  of  spoliation  of  prop 
erty,  arson,  insurrection,  murder  and  treason. 
The  raid  was  a  compound  of  foolhardiness  and 
cruelty.  Conservative  and  respectable  journals 
and  all  decent  men  and  women  denounced  at 
the  time  the  arrogant  and  silly  attempt  of  the 
murderer  to  take  into  his  destructive  hands  the 
execution  of  his  fell  purposes.  Sympathy  with 
those  purposes  and  his  methods  was  vehemently 
disclaimed  by  representatives  of  all  parties  in  Con 
gress,  conspicuously  by  Hon.  John  Sherman.  Few, 
except  red-handed  and  insane  fanatics,  lifted  voice 
against  his  execution,  after  a  fair  trial  and  just 
verdict  by  a  Virginia  court.  A  Senate  committee, 


of  the  Confederate  States.  259 

after  a  laborious  investigation  of  the  facts,  sub 
mitted  a  report,  accompanied  by  evidence,  and 
said:  "It  was  simply  the  act  of  lawless  ruffians, 
under  the  sanction  of  no  public  or  political  au 
thority,  distinguishable  only  from  ordinary  felo 
nies  by  the  ulterior  ends  in  contemplation  by  them, 
and  by  the  fact  that  the  money  to  maintain  the 
expedition,  and  the  large  armament  they  brought 
with  them,  had  been  contributed  and  furnished 
by  the  citizens  of  other  States  of  the  Union  under 
circumstances  that  must  continue  to  jeopard  the 
safety  and  peace  of  the  Southern  States,  and 
against  which  Congress  has  no  power  to  legis 
late/'  Now,  John  Brown  inspires  a  popular  song 
and  poetry  and  eloquence,  almost  a  national  air, 
and  Northern  writers  and  people  compare  him  to 
Jesus  Christ  and  put  him  in  the  Saints'  Calendar 
of  Freedom. 

The  organization  of  the  Grand  Army  of  the 
Eepublic  has  become  a  potent  political  agency, 
demanding  that  Union  soldiers  shall  have  prefer 
ence,  and  making  connection  with  the  army,  irre 
spective  of  service  or  personal  merit,  the  highest 
consideration  in  appointments  to  places  of  profit 
and  trust.  Akin  to  this,  a  gigantic  pension  sys 
tem,  heavier  and  more  exhaustive  than  the  sup 
port  of  the  huge  standing  army  of  Germany,  has 
been  fastened  on  the  public  treasury,  subsidizing 


260        Civil  History  of  the  Government 

States  and  making  the  name  of  soldier  or  sailor 
the  passport  to  the  support  of  himself  and  family. 
The  strange  and  vicious  doctrine  has  been  affirmed 
over  executive  protest  that  fraud  and  perjury  do 
not  vitiate  a  pension  once  allowed,  and  that  any 
disabilities  incurred,  whether  in  the  line  of  duty 
or  of  pecuniary  aggrandizement,  within  the 
"sphere  of  communication"  with  either  army,  are 
sufficient  grounds  for  the  paternal  adoption  of 
such  a  son.  And  a  presidential  candidate,  in  his 
letter  of  acceptance  of  the  nomination,  seeking 
argument  for  popular  support,  makes  the  "need" 
of  a  soldier  or  sailor,  however  that  need  may  have 
been  created,  a  sufficient  plea  for  "generous  aid" 
by  the  government. 

As  has  been  affirmed  and  reiterated,  the  action 
of  the  seceding  States  was  deliberate  and  most 
publicly  pre-announced.  The  Northern  States 
and  the  government  at  Washington  were  not 
taken  by  surprise,  for  the  purpose  of  the  South, 
in  a  certain  anticipated  contingency,  was  well 
known  and  had  been  repeatedly  and  solemnly 
declared.  Exercising  a  right  claimed  by  the 
States  in  their  ratification  and  adoption  of  the 
Constitution,  and  reaffirmed  from  that  day  con 
tinuously,  the  seceding  States  neither  desired  nor 
expected  resistance  to  their  action.  The  power  to 
coerce  States  had  been  explicitly  rejected  in  the 


of  the  Confederate  States.  261 

convention.  Hamilton  said:  "To  coerce  the 
States  was  one  of  the  maddest  projects  ever  de 
vised."  No  provision  had  been  made  by  any  of 
the  States  to  meet  a  resistance  to  their  withdrawal 
from  the  partnership.* 

Not  a  gun,  not  an  establishment  for  their  manu 
facture  or  repair,  nor  a  soldier,  nor  a  vessel,  had 
been  provided  as  preparation  for  war,  offensive 
or  defensive.  On  the  contrary,  they  desired  to 
live  in  peace  and  friendship  with  their  late  con 
federates,  and  took  all  the  necessary  steps  to 
secure  that  desired  result.  There  was  no  appeal 
to  the  arbitrament  of  arms,  nor  any  provocation 
to  war.  They  preferred  and  earnestly  sought  to 
make  a  fair  and  equitable  settlement  of  common 
interests  and  disputed  questions  with  their  for 
mer  associates,  so  as  to  preserve  most  amicable 
relations  and  avoid  the  infliction  of  any  damage 
or  loss. 

On  May  8th,  1861,  the  President  submitted  a 
special  message  to  Congress,  communicating  a  re 
port  of  Judge  Campbell,  stating  what  he  had  done 
in  connection  with  the  commissioners  who  had 
been  appointed  to  secure  a  peaceful  adjustment 
of  the  pending  difficulties  between  the  two  gov- 


*Madison  Papers,  732,  761.  822,  914;  2d  Elliot's  De 
bates,  199,  232,  233. 


262        Civil  History  of  the  Government 

ernments.  In  the  papers  were  letters  from 
Judge  Campbell  to  President  Davis  and  to  Sec 
retary  Seward,  the  latter  having  been  submitted 
to  Mr.  Seward,  who  did  not  reply  or  publicly 
question  the  correctness  or  accuracy  of  the  recital. 
Judge  Campbell  held  written  and  oral  conferences 
with  Secretary  Seward,  and  from  these  he  felt 
justified  in  writing  to  Mr.  Seward:  "The  com 
missioners  who  received  these  communications 
conclude  they  have  been  abused  and  overreached. 
The  Montgomery  Government  hold  the  same  opin 
ion."  "I  think  no  candid  man  who  will  read  over 
what  I  have  written,  and  consider  for  a  moment 
what  is  going  on  at  Sumter,  but  will  agree  that 
the  equivocating  conduct  of  the  administration, 
as  measured  and  interpreted  in  connection  with 
these  promises,  is  the  proximate  cause  of  the  great 
calamity/'  He  further  affirmed  the  profound 
conviction  of  military  and  civil  officers  "that  there 
has  been  systematic  duplicity  practiced  on  them 
through  me/'  President  Davis  had  previously 
said:  "The  crooked  paths  of  diplomacy  can  fur 
nish  no  example  so  wanting  in  courtesy,  in  candor, 
in  directness,  as  was  the  course  of  the  United 
States  Government  toward  our  commissioners  in 
Washington." 

A  peace  convention  was  held  in  Washington 
city,  with  representatives  from  border  and  other 


of  the  Confederate  States.  263 

States,  to  devise  terms  of  honorable  adjustment 
and  prevent  the  calamity  of  war  or  disunion.  Mr. 
Crittenden,  of  Kentucky,  a  statesman  of  experi 
ence,  ability  and  conservatism,  submitted  a  series 
of  compromise  measures,  and  they  were  indig 
nantly  and  insultingly  rejected.  The  Speaker  of 
the  House  of  Representatives  was  not  allowed 
even  to  present  certain  proposed  amendments  to 
the  Constitution,  looking  to  pacification,  while 
the  convention  in  Virginia,  so  unwilling,  so  re 
luctant,  to  take  extreme  steps,  tendered  to  Sena 
tor  Crittenden,  by  a  unanimous  vote,  the  thanks 
of  the  people  of  the  State  for  his  able  and  pa 
triotic  efforts  "to  bring  about  a  just  and  honor 
able  adjustment  of  our  national  difficulties." 


It  is  not  within  the  scope  of  this  article  to  de 
tail  incidents  of  the  war;  it  is  fitting,  however,  to 
animadvert  upon  an  oft-repeated  accusation  and 
to  furnish  such  proof  of  its  falsity  as  to  leave 
hereafter  no  loop  to  hang  a  doubt  upon.  It  is  a 
common  excuse  for  early  defeat  and  inability  "to 
crush  the  rebellion  in  ninety  days,"  that  the  Con 
federacy  was  better  supplied  than  the  government 
of  the  United  States  with  the  means  and  ap 
pliances  of  war.  This  explanation  on  its  face  is 


264        Civil  History  of  the  Government 

absurd,  for  how  could  an  infant,  suddenly  impro 
vised  government,  without  a  dollar,  without  a 
sailor,  without  a  ship,  without  a  manufactory  of 
guns  or  powder,  be  better  equipped  than  a  strong, 
well-established  government,  constantly  engaged 
in  Indian  wars  and  having  a  regularly  equipped 
army  and  navy  and  no  inconsiderable  plants  for 
their  maintenance  ?  Mr.  Goldwin  Smith,  of  Can 
ada,  in  his  work  on  the  United  States,  says  that 
at  the  beginning  of  the  war  the  South  was  able  to 
draw  upon  the  supplies  stored  in  the  arsenals, 
which  had  been  "well  stocked  by  the  provident 
treason  of  Buchanan's  Minister  of  War."  Sena 
tor  Sherman,  in  his  "Recollections/'  repeats  the 
absurd  story,  and  says  that  in  the  early  days  of 
the  war  the  Confederates,  because  of  this  surrep 
titious  aid,  had  superior  means  of  warfare.  Gen 
eral  Scott  endorsed  the  accusation  against  Secre 
tary  Floyd  in  regard  to  what  has  been  called  "the 
stolen  arms,"  and  thus  contributed  to  the  belief 
of  respectable  people  that  the  Confederate  States 
fought  with  cannon,  rifles  and  muskets  treacher 
ously  placed  in  their  hands. 

In  the  book  on  his  administration  (and  there 
can  be  no  better  authority)  Mr.  Buchanan  says, 
page  220:  "This  delusion  presents  a  striking 
illustration  of  the  extent  to  which  public  pre 
judice  may  credit  a  falsehood,  not  only  without 


of  the  Confederate  States.  265 

foundation,  but  against  the  clearest  official  evi 
dence/'  Eighteen  months  before  General  Scott's 
endorsement  of  the  charge  it  had  been  con 
demned  as  unfounded  by  the  report  of  the  Com 
mittee  on  Military  Affairs  of  the  House  of 
Eepresentatives.  The  disproved  slander  that  arms 
had  been  fraudulently  or  otherwise  sent  to  the 
South  to  aid  the  "  approaching  rebellion  "  is  in 
accord  with  the  concerted  purpose  of  writers  and 
politicians  to  falsify  the  record  and  make  apology 
for  Northern  reverses.  General  Scott  made  spe 
cific  charge  that  Secretary  Floyd  removed 
"115,000  extra  muskets  and  rifles,  with  all  their 
implements  and  ammunition,  from  Northern 
repositories  to  Southern  arsenals,  so  that,  on  the 
breaking  out  of  the  maturing  rebellion,  they 
might  be  found  without  cost,  except  to  the  United 
States,  in  the  most  convenient  positions  for  dis 
tribution  among  the  insurgents."  He  also  charged 
that  130  or  140  pieces  of  heavy  artillery  were  or 
dered  from  Pittsburg  to  Ship  Island  and  Galves- 
ton,  forts  not  yet  erected.  The  charge  vouched 
for  by  public  rumor  underwent  a  searching  offi 
cial  investigation  by  a  committee  authorized  to 
send  for  persons  and  papers  and  to  report  at  any 
time.  It  was  most  easy  to  establish  the  charge, 
if  true,  for  these  arms  could  not  have  been  re- 

34 


266        Civil  History  of  the  Government 

moved  without  the  knowledge  and  active  partici 
pation  of  the  officers  of  the  Ordnance  Bureau, 
whose  loyalty  had  never  "been  impugned  nor  sus 
pected.  The  accusation  may  be  reduced  to  three 
indictments : 

First.  That  arms  were  improperly  distributed 
to  the  Southern  States  prior  to  and  preparatory 
for  premeditated  rebellion.  Tables  furnished 
from  the  Ordnance  Bureau  show  that  these  States 
received  much  less,  in  the  aggregate,  instead  of 
more,  than  the  quota  of  arms  to  which  they  were 
justly  entitled  under  the  law  for  arming  the  mili 
tia.  It  is  a  significant  fact,  utterly  disproving  the 
charge  and  the  belligerent  intent,  that  Arkansas, 
Kentucky,  Louisiana,  North  Carolina  and  Texas 
did  not  receive  any  portion  of  army  muskets  of 
the  very  best  quality  to  which  they  were  entitled, 
and  which  would  have  been  delivered  to  each  on 
a  simple  application  to  the  Ordnance  Bureau.  Of 
the  muskets  distributed  the  South  received  2,091, 
and  of  long-range  rifles  of  the  army  calibre,  758 ! 
Not  enough  to  arm  two  full  regiments! 

Second.  That  Secretary  Floyd  sent  cannon  to 
the  Southern  States.  If  he  did  the  fact  could  not 
have  been  concealed,  for  their  size  and  ponderous 
weight  would  have  made  it  impossible  to  escape 
detection.  The  committee  reported  that  there 


of  the  Confederate  States.  267 

was  no  evidence  that  any  cannon  had  been  trans 
ported  to  the  South.  Secretary  Floyd  may  have 
made  an  order  for  the  transfer  of  guns,  but  it  was 
never  executed,  and  the  officer  in  charge,  Colonel 
Maynadier,  said :  "It  never  entered  his  mind  that 
there  could  be  any  improper  motive  or  object  in 
the  order." 

Third.  The  committee  extended  their  inquiry 
into  the  circumstances  under  which  Secretary 
Floyd  ordered  the  removal  of  the  old  percussion 
and  flint-lock  muskets  from  the  Springfield  ar 
mory,  where  they  had  accumulated  in  inconvenient 
numbers.  These  arms  were  to  be  removed  from 
time  to  time,  as  might  be  most  suitable  for  econ 
omy  and  transportation,  and  were  to  be  distri 
buted  among  the  arsenals  in  proportion  to  their 
respective  means  of  proper  storage.  These  arms 
had  been  condemned  by  inspectors,  and  were 
recommended  to  be  sold,  and  they  were  advertised 
for  sale,  but  the  bids  did  not  average  $1.50  each, 
and  were  not  accepted.  The  committee  did  not  in 
the  slightest  degree  implicate  Secretary  Floyd. 
Alas!  what  becomes  of  Senator  Sherman's  con- 
jured-up  superior  preparation  for  war  and  of  Gen 
eral  Scott's  "good  arms  stolen"?  It  is  of  a  piece 
with  the  rifle  pitfalls  with  whicb.  Northern  papers, 
after  the  Bull  Run  escapade,  in  which  some  Re- 


268        Civil  History  of  the  Government 

publican  congressmen  shared,  said  the  whole  coun 
try  was  honeycombed.* 

Secretary  Floyd,  by  inheritance  and  conviction, 
was  a  thorough  believer  in  State  rights,  but  was 
opposed  to  secession  and  in  favor  of  employing 
every  right  and  proper  expedient  for  averting  or 
postponing  it.  His  diary  of  the  secret  meetings 
and  discussions  of  Mr.  Buchanan's  Cabinet,  during 
November,  1860,  shows  how  averse  he  was  to  what 
he  regarded  the  unwise  and  precipitate  action  of 
South  Carolina.  He  addressed  himself  with  great 
assiduity  to  the  task  of  repressing  the  disposition 
manifested  by  the  Southern  States  to  take  forcible 
possession  of  the  forts  and  arsenals  within  their 
limits,  and  just  prior  to  the  time  alleged  for  his 
distribution  of  public  arms  for  aiding  the  seces 
sion  movement  he  had  published,  in  a  Richmond 
paper,  a  letter  which  gained  him  high  credit  at 
the  North  for  his  boldness  in  rebuking  the  per 
nicious  views  of  many  in  his  own  State,  f 

It  may  not  be  impossible  that  this  persistent 
perversion  of  history  is  intended  to  shield  the 
North  from  any  reproach  that  might  attach  to 


*See  Reports  of  House  Committee  on  Military  Affairs, 
9th  January,  1861,  and  18th  February,  1861,  Report 
No.  85. 

fPollard's  Lee  and  His  Lieutenants,  pages  790-796,  and 
Administration  of  Buchanan,  page  220. 


of  the  Confederate  States.  269 

her  because  of  inability,  with  her  immense  supe 
riority  of  military  resources,  to  make  an  early 
conquest  of  the  South.  Besides  the  enormous 
means  at  her  command  in  aid  of  commissary, 
quartermaster  and  ordnance  departments,  the 
North  recruited  her  largely  preponderant  armies 
by  purchased  "Hessians"  from  Europe,  by  enlist 
ment  of  negroes,  and  by  pecuniary  stimulants  for 
substitutes  or  volunteers  offered  by  individuals 
and  towns  and  States  and  the  General  Govern 
ment. 

The  frauds  practiced  on  the  poor  negroes  in 
enlistments,  in  withholding  bounties,  in  misap 
plication  of  what  had  been  accumulated  under 
orders  of  Butler  and  other  generals,  constitute  a 
dark  chapter  in  the  mysterious  history  of  the 
Freedmen's  Bureau  and  in  other  unrecorded  oc 
currences  of  the  war.  In  1870  was  published  the 
report  of  the  commissioners  on  equalization  of  the 
municipal  war  debts  by  the  General  Assembly  of 
Maine.  It  contains  curious  and  disgraceful  mat 
ters  of  history  in  regard  to  the  method  of  furnish 
ing  men  for  the  army  and  navy.  It  transpires  in 
that  official  comment  that  "substitute  brokers" 
did  a  business  so  important  and  profitable  as  to 
call  for  the  formation  of  partnerships,  which  plied 
their  "iniquitous  transactions"  so  adroitly  and 
actively  and  fraudulently  as  to  obtain  large  sums, 


270        Civil  History  of  the  Government 

"hundreds  of  thousands  of  dollars,"  for  men  who 
were  never  reported  for  duty.  This  "wrong"  to 
the  municipalities,  "double  and  cruel  wrong  to 
the  brave  men  lying  in  the  trenches  of  the  Appo- 
mattox  and  the  James,"  occurred,  says  this  merci 
less  exposure,  "when  the  army  lay  panting  and 
exhausted  in  front  of  Petersburg,"  "when  the  gov 
ernment  was  calling  loudly  for  recruits  and  new 
regiments,"  "when  the  gallant  men  were  calling 
for  help  and  succor,"  "when  the  conviction  had 
been  at  last  forced  home  upon  the  government 
that  the  people  and  the  rebellion  could  only  be 
subdued  by  being  thoroughly  whipped  in  its  en 
trenched  strongholds,  and  that  to  do  this  the  army 
of  freedom  must  be  kept  full  and  strong  by  con 
stant  reinforcements.'7* 


*See  Portland  Advertiser,  January  31,  1870. 


of  the  Confederate  States.  271 

APPENDIX. 


As  information  upon  the  constitutional  and 
political  status  of  the  Confederate  States  Govern 
ment  and  of  the  several  State  governments  during 
the  war,  it  is  deemed  not  irrelevant  to  present  a 
memorandum  of  several  decisions  of  the  Supreme 
Court. 

It  has  frequently  been  decided  by  the  Supreme 
Court  of  the  United  States  that  the  Confederate 
States  Government  was  an  illegal  organization, 
within  the  provision  of  the  Constitution  of  the 
United  States  prohibiting  any  treaty,  alliance,  or 
confederation  of  one  State  with  another;  and 
whatever  efficacy,  therefore,  its  enactments  pos 
sessed  in  any  State  entering  into  that  organiza 
tion  must  be  attributed  to  the  sanction  given  by 
that  State. 

It  is  further  held  that  the  Confederate  Govern 
ment  was  not  a  de  facto  government,  within  the 
meaning  of  that  phrase  as  denned  by  the  court, 
and  that  whatever  de  facto  character  might  be 
ascribed  to  it  consisted  "solely  in  the  fact  that 
for  nearly  four  years  it  maintained  a  contest  with 
the  United  States,  exercised  dominion  over  a  large 
extent  of  territory,"  and,  "while  it  existed,  that  it 
was  simply  the  military  representative  of  the  in- 


272        Civil  History  of  the  Government 

surrection  against  the  authority  of  the  United 
States."  When  its  military  forces  were  over 
thrown,  it  utterly  perished  with  all  its  enactments. 
See  opinion  of  Judge  Field  in  William  v.  Bruffy, 
96  IT.  S.  Reports,  page  176,  etc.;  also,  case  of 
Hickman  v.  Jones,  9  Wallace's  U.  S.  Reports, 
pages  197,  200;  also,  Stevens  v.  Griffith,  111  IT.  S. 
Reports,  page  48,  opinion  "by  Mr.  Justice  Field. 

In  United  States  v.  The  Insurance  Companies, 
22  Wallace,  pages  99,  101,  Mr.  Justice  Strong, 
speaking  of  the  so-called  rebel  Legislature  of  the 
State  of  Georgia,  observed :  "If  not  a  Legislature 
of  the  State  de  jure  it  was  at  least  a  Legislature 
de  facto.  It  was  the  only  law-making  body  which 
had  any  existence.  Its  members  acted  under  color 
of  office,  by  an  election,  though  not  qualified  ac 
cording  to  the  requirements  of  the  Constitution 
of  the  United  States."  It  was  accordingly  held 
that  a  corporation  chartered  by  this  Legislature 
for  the  purpose  of  conducting  an  insurance  busi 
ness,  not  being  in  hostility  to  any  of  the  pro 
visions  of  the  Constitution,  was  a  legal  body,  with 
authority  to  sue  in  the  United  States  courts. 

It  was  further  said  that  all  the  enactments  of 
the  de  facto  legislatures  in  the  insurrectionary 
States  during  the  war,  which  were  not  hostile  to 
the  Union,  or  to  the  authority  of  the  General  Gov 
ernment,  and  which  were  not  in  conflict  with  the 


Ml/1 

*M 

of  the  Confederate  States.  273 

Constitution  of  the  United  States  or  of  the  States, 
have  the  same  validity  as  if  they  had  been  enact 
ments  of  legitimate  legislatures.  Any  other  doc 
trine  than  this  would  work  great  and  unnecessary 
hardship  upon  the  people  of  those  States,  without 
any  corresponding  benefit  to  the  citizens  of  the 
other  States,  and  without  any  advantage  to  the 
National  Government  (page  103). 

The  court  has  also  held  that  Tennessee  and 
other  State  governments  which  entered  into  the 
formation  of  the  Confederate  States  were  de  facto 
governments,  having  remained  the  same  bodies 
politic  during  the  rebellion  as  were  organized  and 
admitted  originally  into  the  Union;  and,  being 
the  same  political  organizations  during  the  rebel 
lion  and  since,  all  their  acts,  legislative  and  other 
wise,  during  the  War  between  the  States,  were 
valid  and  obligatory  on  the  State,  except  where 
they  were  done  in  aid  of  the  rebellion,  or  were  in 
conflict  with  the  Constitution  and  laws  of  the 
United  States,  or  were  intended  to  impeach  its 
authority.  See  opinion  of  Mr.  Justice  Miller  in 
Keith  v.  Clark,  97  U.  S.  Reports,  page  454,  and 
authorities  there  cited. 

The  subject  of  the  relation  of  the  States  to  the 
Union,  and  of  the  questions  raised  by  war,  is  ably 
discussed  by  the  Hon.  John  Randolph  Tucker  in 
his  work  on  the  Constitution,  lately  issued. 

35 


274  Civil  History  of  the  Government 

PARALLEL   CONSTITUTIONS. 


CONSTITUTION  or  THE  UNITED 
STATES  OF  AMERICA. 

We.  the  people  of  the  United 
States,  in  order  to  form  a 
more  perfect  union,  establish 
Justice,  insure  domestic  Tran- 
ojaintXx  _J>ro  y  ide_  Jor_  Jthe^comj; 
mojnjkifence,  promote  the  gen- 
^  elraT~Welfare,  aira^secuFe"  the 
Blessings  of  Liberty  to  our 
selves  and  our  Posterity,  do 
ordain  and  establish  this  CON 
STITUTION  for  the  United 
States  of  America. 


ARTICLE  I. 

SECTION  1.  All  legislative  Pow 
ers  herein  granted  shall  be  vest 
ed  in  a  Congress  of  the  United 
States,  which  shall  consist  of  a 
Senate  and  House  of  Represen 
tatives. 

SECTION  2.  The  House  of  Rep 
resentatives  shall  be  composed 
of  Members  chosen  every  sec 
ond  Year  by  the  People  of  the 
several  States,  and  the  Electors 
in  each  State  shall  have  the 
Qualifications  requisite  for  Elec 
tors  of  the  most  numerous 
Branch  of  the  State  Legisla 
ture. 


CONSTITUTION  OF  THE  CONFED 
ERATE  STATES  OF  AMERICA. 

WE,  the  people  of  the  Confed 
erate  States,  each  State  act-* 
ing  in  its  sovereign  and  in 
dependent  character,  in  order 
to  form  a  permanent  federal 
government,  establish  Justice, 
insure  domestic  tranquility, 
and  secure  the  blessings  of 
liberty  to  ourselves  and  our 
posterity — invoking  the  favor 
and  guidance  of  Almighty 
God — do  ordain  and  establish 
this  Constitution  for  the  Con 
federate  States  of  America. 

ARTICLE  I. 

SECTION    1.      All     legislative    / 
powers  herein  delegated  shall  be  v 
vested  in  a  Congress  of  the  Con 
federate  States,  which  shall  con 
sist  of  a  Senate  and  House  of 
Representatives. 

SECTION  2.  The  House  of  Rep 
resentatives  shall  be  composed 
of  members  chosen  every  second 
year  by  the  people  of  the  several 
States  ;  and  the  electors  in  each 
State  shall  be  citizens  of  the 
Confederate  States,  and  have  the  ^ 
qualifications  requisite  for  elec 
tors  of  the  most  numerous 
branch  of  the  State  Legislature  ; 
~but  no  person  of  foreign  birth, 
not  a  citizen  of  the  Confederate 
States,  shall  be  allowed  to  vote 
for  any  officer,  civil  or  political, 
State  or  Federal. 


CP 


of  the  Confederate  States. 


275 


No  Person  shall  be  a  Repre 
sentative  who  shall  not  have  at 
tained  to  the  Age  of  twenty- 
five  years,  and  been  seven  Years 
a  Citizen  of  the  Uniteor~StlT£es, 
and  who  shall  not,  when  elected, 
be  an  Inhabitant  of  that  State 
in  which  he  shall  be  chosen. 

Representatives  and  direct 
Taxes  shall  be  apportioned 
among  the  several  States  which 
may  be  included  within  this 
Union,  according  to  their  re 
spective  Numbers,  which  shall 
be  determined  by  adding  to  the 
whole  Number  of  free  Persons, 
including  those  bound  to  Ser 
vice  for  a  term  of  years,  and 
excluding  Indians  not  taxed, 
three-fifths  of  all  other  Persons. 
The  actual  Enumeration  shall 
be  made  within  three  Years 
after  the  first  meeting  of  the 
Congress  of  the  United  States, 
and  within  every  subsequent 
Term  of  Ten  years,  in  such 
Manner  as  they  shall  by  Law 
direct.  The  Number  of  the  Rep 
resentatives  shall  not  exceed  one 
for  every  thirty  Thousand,  but 
each  State  shall  have  at  Least 
one  representative ;  and  until 
such  enumeration  shall  be  made, 
the  State  of  New  Hampshire 
shall  be  entitled  to  chuse  three, 
Massachusetts  eight,  Rhode  Is 
land  and  Providence  Plantations 
one,  Connecticut  five,  New  York 
six,  New  Jersey  four,  Pennsyl 
vania  eight,  Delaware  one,  Mary 
land  six,  Virginia  ten,  North 
Carolina  five,  South  Carolina 
five,  and  Georgia  three. 

When  vacancies  happen  in  the 


No  person  shall  be  a  Repre- 
sentative  who  shall  not  have  at 
tained  the  age  of  twenty-five 
years,  and  ~be  a  citizen  of  the 
Confederate  States,  and  who 
shall  not,  when  elected,  be  an 
Inhabitant  of  that  State  in 
which  he  shall  be  chosen. 

Representatives  and  direct 
taxes  shall  be  apportioned 
among  the  several  States,  which 
may  be  included  within  this 
Confederacy,  according  to  their 
respective  numbers,  which  shall 
be  determined,  by  adding  to  the 
whole  number  of  free  persons, 
Including  those  bound  to  service 
for  a  term  of  years,  and  exclud 
ing  Indians  not  taxed,  three- 
fifths  of  all  slaves.  The  actual 
enumeration  shall  be  made  with 
in  three  years  after  the  first 
meeting  of  the  Congress  of  the 
Confederate  States,  and  within 
every  subsequent  term  of  ten 
years,  in  such  manner  as  they 
shall  by  law  direct.  The  num 
ber  of  Representatives  shall  not 
exceed  one  for  every  fifty  thou 
sand,  but  each  State  shall  have 
at  least  one  Representative  ;  and 
until  such  enumeration  shall 
be  made,  the  State  of  South 
Carolina  shall  be  entitled  to 
choose  six;  the  State  of  Georgia 
ten;  the  State  of  Alabama  nine; 
the  State  of  Florida  two;  the 
State  of  Mississippi  seven;  the 
State  of  Louisiana  six;  and  the 
State  of  Texas  six. 


When  vacancies  happen  in  the 


276 


Civil  History  of  the  Government 


Representation  from  any  State, 
the  Executive  Authority  thereof 
Bhall  issue  Writs  of  Election  to 
fill  such  Vacancies. 

The  House  of  Representatives 
shall  chuse  their  Speaker  and 
other  officers  ;  and  shall  have  the 
sole  Power  of  impeachment. 


SECTION  3.  The  Senate  of  the 
United  States  shall  be  composed 
of  two  Senators  from  each  State, 
chosen  by  the  Legislature  there 
of,  for  six  Years  ;  and  each  Sen 
ator  shall  have  one  Vote. 


Immediately  after  they  shall 
be  assembled  in  Consequence  of 
the  first  Election,  they  shall  be 
divided  as  equally  as  may  be 
Into  three  Classes.  The  Seats 
of  the  Senators  of  the  first  Class 
shall  be  vacated  at  the  Expira 
tion  of  the  second  Year,  of  the 
second  Class  at  the  Expiration 
of  the  fourth  Year,  and  of  the 
third  class  at  the  Expiration  of 
the  sixth  Year,  so  that  one-third 
may  be  chosen  every  second 
year ;  and  if  Vacancies  happen 
by  Resignation,  or  otherwise, 
during  the  Recess  of  the  Legisla 
ture  of  any  State,  the  Executive 
thereof  may  make  temporary 
Appointments  until  the  next 
Meeting  of  the  Legislature, 


representation  from  any  State, 
the  Executive  authority  thereof 
shall  issue  writs  of  election  to 
fill  such  vacancies. 

The  House  of  Representatives     (£) 
shall   choose  their   Speaker  and 
other  officers  ;  and  shall  have  the 
sole  power  of  impeachment ;  ex 
cept  that  any  judicial  or  other 
Federal  officer,  resident  and  act-        /7) 
ing  solely  within  the  limits  of       *-r 
any    State,    may    be    impeached  v 
by  a  vote  of  two-thirds  of  both 
branches     of     the     Legislature 
thereof. 

SECTION  3.  The  Senate  of  the  £P 
Confederate  States  shall  be  com 
posed  of  two  Senators  from  each 
State,  chosen  for  six  years  by 
the  Legislature  thereof,  at  the 
regular  session  next  immediately 
preceding  the  commencement  of 
the  term  of  service;  and  each 
Senator  shall  have  one  vote. 

Immediately  after  they  shall  & 
be  assembled,  in  consequence  of 
the  first  election,  they  shall  be 
divided  as  equally  as  may  be 
Into  three  classes.  The  seats  of 
the  Senators  of  the  first  class 
shall  be  vacated  at  the  expira 
tion  of  the  second  year ;  of  the 
second  class  at  the  expiration  of 
the  fourth  year ;  and  of  the  third 
class  at  the  expiration  of  the 
sixth  year ;  so  that  one-third 
may  be  chosen  every  second 
year ;  and  if  vacancies  happen 
by  resignation,  or  otherwise, 
during  the  recess  of  the  Legis 
lature  of  any  State,  the  Execu 
tive  thereof  may  make  tem 
porary  appointments  until  the 
next  meeting  of  the  Legislature 


of  the  Confederate  States. 


277 


which  shall  then  fill  such  Va 
cancies. 

No  person  shall  be  a  Senator 
who  shall  not  have  attained  to 
the  Age  of  thirty  Years,  and  been 
nine  Years  a  citizen  of  the 
United""  States,  and  who  shall 
not,  when  elected,  be  an  Inhabi 
tant  of  that  State  for  which  he 
shall  be  chosen. 

The  Vice  President  of  the 
United  States  shall  be  President 
of  the  Senate,  but  shall  have  no 
Vote,  unless  they  be  equally  di 
vided. 

The  Senate  shall  chuse  their 
other  Officers,  and  also  a  Presi 
dent  pro  tempore,  in  the  absence 
of  the  Vice  President,  or  when 
he  shall  exercise  the  Office  of 
President  of  the  United  States. 

The  Senate  shall  have  the  sole 
Power  to  try  all  Impeachments. 
When  sitting  for  that  Purpose, 
they  shall  be  on  Oath  or  Affir 
mation.  When  the  President  of 
the  United  States  is  tried,  the 
Chief  Justice  shall  preside  :  And 
no  Person  shall  be  convicted 
without  the  Concurrence  of  two- 
thirds  of  the  Members  present. 

Judgment  in  Cases  of  Im 
peachment  shall  not  extend  fur 
ther  than  to  removal  from 
Office,  and  Disqualification  to 
hold  and  enjoy  any  Office  of 
Honour,  Trust  or  Profit  under 
the  United  States  :  but  the  party 
convicted  shall  nevertheless  be 
liable  and  subject  to  Indictment, 
Trial,  Judgment  and  Punish 
ment,  according  to  Law. 

SECTION  4.   The  Times,  Places 


which   shall    then   fill    such   va 
cancies. 

No  person  shall  be  a  Senator  (S> 
who  shall  not  have  attained  the 
age  of  thirty  years,  and  6e  a  cit 
izen  of  the  Confederate  States ; 
and  who  shall  not,  when  elected, 
be  an  inhabitant  of  the  State 
for  which  he  shall  be  chosen. 

The  Vice  President  of  the  Con-    (U) 
federate   States  shall   be   Presi 
dent    of   the    Senate,    but    shall 
have    no    vote    unless    they    be 
equally  divided. 

The  Senate  shall  choose  their  (j£), 
other  officers  ;  and  also  a  Presi 
dent  pro  tempore  in  the  ab 
sence  of  the  Vice  President,  or 
when  he  shall  exercise  the  office 
of  President  of  the  Confederate 
States. 

The  Senate  shall  have  the  sole  (€>. 
power  to  try  all  impeachments. 
When  sitting  for  that  purpose, 
they  shall  be  on  oath  or  affir 
mation.  When  the  President  of 
the  Confederate  States  is  tried, 
the  Chief  Justice  shall  preside ; 
and  no  person  shall  be  convicted 
without  the  concurrence  of  two- 
thirds  of  the  members  present. 

Judgment  in  cases  of  impeach-  (f£). 
ment  shall  not  extend  further 
than  to  removal  from  office,  and 
disqualification  to  hold  and  en 
joy  any  office  of  honor,  trust  or 
profit,  under  the  Confederate 
States ;  but  the  party  convicted 
shall,  nevertheless,  be  liable  and 
subject  to  indictment,  trial, 
judgment  and  punishment  ac 
cording  to  law. 

SUCTION  4.    The  times,  places     (£) 


278 


Civil  History  of  the  Government 


and  Manner  of  holding  Elections 
for  Senators  and  Representa 
tives,  shall  be  prescribed  in  each 
State  by  the  Legislature  there 
of  :  but  the  Congress  may  at  any 
time  by  Law  make  or  alter  such 
Regulations,  except  as  to  the 
places  of  chusing  Senators. 


The  Congress  shall  assemble 
at  least  once  in  every  Year,  and 
such  Meeting  shall  be  on  the 
first  Monday  in  December,  un 
less  they  shall  by  Law  appoint 
a  different  Day. 

SECTION  5.  Each  House  shall 
be  the  Judge  of  the  Elections, 
Returns  and  Qualifications  of  its 
own  Members,  and  a  majority  of 
each  shall  constitute  a  Quorum 
to  do  Business ;  but  a  smaller 
number  may  adjourn  from  day 
to  day,  and  may  be  authorized 
to  compel  the  Attendance  of  ab 
sent  Members,  in  such  Manner, 
and  under  such  Penalties  as 
each  House  may  provide. 

Each  House  may  determine  the 
Rules  of  its  Proceedings,  pun 
ish  its  Members  for  disorderly 
Behaviour,  and,  with  the  Con 
currence  of  two-thirds,  expel  a 
Member. 

Each  House  shall  keep  a  Jour 
nal  of  its  Proceedings,  and  from 
time  to  time  publish  the  same, 
excepting  such  Parts  as  may  in 
their  judgment  require  Secrecy  ; 
and  the  Yeas  and  Nays  of  the 
Members  of  either  House  on  any 
question  shall,  at  the  Desire  of 
one-fifth  of  those  Present,  be  en 
tered  on  the  Journal. 


and  manner  of  holding  elections 
for  Senators  and  Representa 
tives,  shall  be  prescribed  in  each 
State  by  the  Legislature  thereof, 
subject  to  the  provisions  of  this 
Constitution;  but  the  Congress 
may,  at  any  time,  by  law,  make 
or  alter  such  regulations,  except 
as  to  the  times  and  places  of 
choosing  Senators. 

The  Congress  shall  assemble 
at  least  once  in  every  year ; 
and  such  meeting  shall  be  on 
the  first  Monday  in  December, 
unless  they  shall,  by  law,  ap 
point  a  different  day. 

SECTION  5.  Each  House  shall 
be  the  judge  of  the  elections,  re 
turns,  and  qualifications  of  its 
own  members,  and  a  majority  of 
each  shall  constitute  a  quorum 
to  do  business ;  but  a  smaller 
number  may  adjourn  from  day 
to  day,  and  may  be  authorized 
to  compel  the  attendance  of  ab 
sent  members,  in  such  manner 
and  under  such  penalties  as 
each  House  may  provide. 

Each  House  may  determine 
the  rules  of  its  proceedings,  pun 
ish  its  members  for  disorderly 
behavior,  and  with  the  concur 
rence  of  two-thirds  of  the  whole 
number  expel  a  member. 

Each  House  shall  keep  a  jour 
nal  of  its  proceedings,  and  from 
time  to  time  publish  the  same, 
excepting  such  parts  as  may  In 
their  judgment  require  secrecy ; 
and  the  yeas  and  nays  of  the 
members  of  either  House,  on 
any  question,  shall,  at  the  de 
sire  of  one-fifth  of  those  pres 
ent,  be  entered  on  the  journal. 


of  the  Confederate  States. 


279 


Neither  House,  during  the  Ses- 
•lon  of  Congress,  shall,  without 
the  Consent  of  the  other,  ad 
journ  for  more  than  three  days, 
nor  to  any  other  Place  than  that 
in  which  the  two  Houses  shall 
be  sitting. 

SECTION  6.  The  Senators  and 
Representatives  shall  receive  a 
compensation  for  their  Services, 
to  be  ascertained  by  Law,  and 
paid  out  of  the  Treasury  of  the 
United  States.  They  shall  in  all 
cases,  except  Treason,  Felony 
and  Breach  of  the  Peace,  be 
privileged  from  Arrest  during 
their  Attendance  at  the  Session 
of  their  respective  Houses,  and 
In  going  to  and  returning  from 
the  same,  and  for  any  Speech 
or  Debate  in  either  House,  they 
shall  not  be  questioned  in  any 
other  Place. 

No  Senator  or  Representative 
shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to 
any  civil  Office  under  the  Au 
thority  of  the  United  States, 
which  shall  have  been  created, 
or  the  Emoluments  whereof 
shall  have  been  increased  during 
such  time ;  and  no  Person  hold- 
Ing  any  Office  under  the  United 
States,  shall  be  a  Member  of 
either  House  during  his  Contin 
uance  in  Office. 


SBCTicm  7.     All  Bills  for  rals- 


Neither  House,  during  the  ses-  (j£) 
•ion  of  Congress,  shall,  without 
the  consent  of  the  other,  ad 
journ  for  more  than  three  days, 
nor  to  any  other  place  than  that 
in  which  the  two  Houses  shall 
be  sitting. 

SECTION  6.  The  Senators  and  CD 
Representatives  shall  receive  a 
compensation  for  their  services, 
to  be  ascertained  by  law,  and 
paid  out  of  the  treasury  of  the 
Confederate  States.  They  shall, 
In  all  cases,  except  treason, 
felony,  and  breach  of  peace,  be 
privileged  from  arrest  during 
their  attendance  at  the  session 
of  their  respective  Houses,  and 
In  going  to  and  returning  from 
the  same ;  and  for  any  speeca 
or  debate  in  either  House,  they 
shall  not  be  questioned  in  any 
other  place. 

No  Senator  or  Representative  (& 
shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to 
any  civil  office  under  the  au 
thority  of  the  Confederate 
States,  which  shall  have  been 
created,  or  the  emoluments 
whereof  shall  have  been  in 
creased  during  such  time ;  and 
no  person  holding  any  office  un- 
.  der  the  Confederate  States  shall 
be  a  member  of  either  House 
during  his  continuance  in  office. 
But  Congress  may,  6y  law,  grant  J 
to  the  principal  officer  in  each 
of  the  Executive  Departments  a 
teat  upon  the  floor  of  either 
House,  with  the  privilege  of  dis 
cussing  any  measures  appertain 
ing  to  his  department. 

SECTION  7.   All  bills  for  rals- 


280 


Civil  History  of  the  Government 


ing  Revenue  shall  originate  in 
the  House  of  Representatives ; 
but  the  Senate  may  propose  or 
concur  with  Amendments  as  on 
other  Bills. 

Every  Bill  which  shall  have 
passed  the  House  of  Representa 
tives  and  the  Senate,  shall,  be 
fore  it  become  a  Law,  be  pre 
sented  to  the  President  of  the 
United  States ;  if  he  approve, 
he  shall  sign  it,  but  if  not  he 
shall  return  it,  with  his  Objec 
tions  to  that  House  in  which 
it  shall  have  originated,  who 
shall  enter  the  Objections  at 
large  on  their  Journal,  and  pro 
ceed  to  reconsider  it.  If  after 
such  Reconsideration  two-thirds 
of  that  House  shall  agree  to 
pass  the  Bill,  it  shall  be  sent, 
together  with  the  Objections,  to 
the  other  House,  by  which  it 
shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds 
of  that  house,  it  shall  become  a 
Law.  But  in  all  such  Cases  the 
Votes  of  Both  Houses  shall  be 
determined  by  Yeas  and  Nays, 
and  the  Names  of  the  Persons 
voting  for  and  against  the  Bill 
shall  be  entered  on  the  Journal 
of  each  House  respectively.  If 
any  Bill  shall  not  be  returned 
by  the  President  within  ten 
Days  (Sundays  excepted)  after 
it  shall  have  been  presented  to 
him,  the  Same  shall  be  a  law, 
in  like  Manner  as  if  he  had 
signed  it,  unless  the  Congress 
by  their  Adjournment  prevent 
its  Return,  in  which  Case  it 
shall  not  be  a  Law. 


ing  the  revenue  shall  originate 
In  the  House  of  Representatives  ; 
but  the  Senate  may  propose  or 
concur  with  the  amendments, 
as  on  other  bills. 

Every  bill  which  shall  have 
passed  both  Houses,  shall,  be 
fore  it  becomes  a  law,  be  pre 
sented  to  the  President  of  the 
Confederate  States ;  if  he  ap 
prove,  he  shall  sign  it ;  but  if 
not,  he  shall  return  it,  with  his 
objections,  to  that  House  in 
which  it  shall  have  originated, 
who  shall  enter  the  objections 
at  large  on  their  journal,  and 
proceed  to  reconsider  it.  If, 
after  such  reconsideration,  two- 
thirds  of  that  House  shall  agree 
to  pass  the  bill,  it  shall  be  sent, 
together  with  the  objections,  to 
the  other  House,  by  which  it 
shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds 
of  that  House,  it  shall  become  a 
law.  But  in  all  such  cases,  the 
votes  of  both  Houses  shall  be 
determined  by  yeas  and  nays, 
and  the  names  of  the  persons 
voting  for  and  against  the  bill 
shall  be  entered  on  the  journal 
of  each  House  respectively.  If 
any  bill  shall  not  be  returned 
by  the  President  within  ten  days 
(Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it, 
unless  the  Congress,  by  their 
adjournment,  prevent  its  re 
turn  ;  in  which  case  it  shall  not 
be  a  law.  The  President  may 
approve  any  appropriation  and 
disapprove  any  other  appropria- 


of  the  Confederate  States. 


281 


Every  Order,  Resolution,  or 
Vote,  to  which  the  Concurrence 
of  the  Senate  and  House  of  Rep 
resentatives  may  be  necessary 
(except  on  a  question  of  Ad 
journment)  shall  be  presented 
to  the  President  of  the  United 
States ;  and  before  the  Same 
shall  take  Effect,  shall  be  ap 
proved  by  him,  or  being  disap 
proved  by  him,  shall  be  repassed 
by  two-thirds  of  the  Senate  and 
House  of  Representatives,  ac 
cording  to  the  Rules  and  Limi 
tations  prescribed  in  the  Case  of 
a  Bill. 

SECTION  8.  The  Congress  shall 
have  Power 

To  lay  and  collect  Taxes, 
Duties,  Imposts  and  Excises,  to 
pay  the  Debts  and  provide  for 
the  common  Defence  and  gen 
eral  Welfare  of  the  United 
States  ;  but  all  Duties,  Imposts 
and  Excises  shall  be  uniform 
throughout  the  United  States ; 


tion  in  the  same  Mil.  In  such 
case  he  shall,  in  signing  the  Mil, 
designate  the  appropriations 
disapproved;  and  shall  return  a 
copy  of  such  appropriations, 
with  his  objections,  to  the  House 
in  which  the  bill  shall  have 
originated;  and  the  same  pro 
ceedings  shall  then  be  had  as  in 
case  of  other  bills  disapproved 
by  the  President. 

Every  order,  resolution  or 
vote,  to  which  the  concurrence 
of  both  Houses  may  be  neces 
sary,  (except  on  a  question  of 
adjournment,)  shall  be  pre 
sented  to  the  President  of  the 
Confederate  States ;  and,  before 
the  same  shall  take  effect,  shall 
be  approved  by  him ;  or,  being 
disapproved,  shall  be  re-passed 
by  two-thirds  of  both  Houses, 
according  to  the  rules  and  limi 
tations  prescribed  in  case  of  a 
bill. 


SECTION  8.  The  Congress  shall 
have  power — 

To  lay  and  collect  taxes, 
duties,  imposts,  and  excises,  for 
revenue  necessary  to  pay  the 
debts,  provide  for  the  common 
defence,  and  carry  on  the  gov 
ernment  of  the  Confederate 
States ;  but  no  bounties  shall  be 
granted  from  the  treasury;  nor 
shall  any  duties  or  taxes  on  im 
portations  from  -foreign  nations 
be  laid  to  promote  or  foster  any 
branch  of  industry;  and  all 
duties,  imposts,  and  excises  shall 
be  uniform  throughout  the  Con 
federate  States: 


282 


Civil  History  of  the  Government 


To  borrow  Money  on  the  credit 
of  the  United  States  ; 

To  regulate  Commerce  with 
foreign  Nations,  and  among  the 
several  States,  and  with  the  In 
dian  Tribes; 


To  establish  an  uniform  Rule 
of  Naturalization,  and  uniform 
Laws  on  the  subject  of  Bank 
ruptcies  throughout  the  United 
States ; 


To  coin  Money,  regulate  the 
Value  thereof,  and  of  foreign 
Coin,  and  fix  the  Standard  of 
Weights  and  Measures  ; 

To  provide  for  the  punishment 
of  counterfeiting  the  Securities 
and  current  Coin  of  the  United 
States ; 

To  establish  Post  Offices  and 
post  Roads; 


To  borrow  money  on  the  credit      £2 
of  the  Confederate  States  : 

To    regulate    commerce    with      & 
foreign  nations,  and  among  the 
several  States,  and  with  the  In-      j 
dian  tribes  ;  but  neither  this,  nor      I 
any    other   clause   contained   in 
the   constitution,  shall   ever   be 
construed  to  delegate  the  power     /~* 
to      Congress      to      appropriate     (& 
money  for  any  internal  improve 
ment  intended  to  facilitate  com 
merce;  except  for  the  purpose  of 
furnishing   lights,    beacons,   and 
buoys,  and  other  aids  to  naviga 
tion   upon   the   coasts,   and   the 
improvement  of  harbors  and  the 
removing  of  obstructions,  in  river 
navigation,  in  all  which  cases, 
such  duties  shall  be  laid  on  the 
navigation    facilitated    thereby, 
as  may  be  necessary  to  pay  the 
costs  and  expenses  thereof: 

To  establish  uniform  laics  of     @) 
naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies, 
throughout       the       Confederate 
States  ;  but  no  law  of  Congress 
shall    discharge    any    debt    con-        C 
tracted  before  the  passage  of  the 
same: 

To   coin   money,,   regulate  the   (§) 
value    thereof    and    of    foreign 
coin,    and   fix   the   standard    of 
weights  and  measures  : 

To    provide    for    the    punish-    (£) 
ment    of   counterfeiting   the   se 
curities  and  current  coin  of  the 
Confederate  States : 

To    establish    post-offices    and    (^ 
post  routes;  but  the  expenses  of 
the  Post-office  Department,  after 
the   first   day   of   March   in    the 
year  of  our  Lord  eighteen  hun~ 


(9 


of  the  Confederate  States. 


283 


To  promote  the  progress  of 
Science  and  useful  Arts,  by  se 
curing  for  limited  Times  to 
Authors  and  Inventors  the  ex 
clusive  Right  to  their  respective 
Writings  and  discoveries ; 

To  constitute  Tribunals  infe 
rior  to  the  Supreme  Court ; 

To  define  and  punish  Piracies 
and  Felonies  commited  on  the 
high  seas,  and  Offences  against 
the  Law  of  Nations ; 

To  declare  War,  grant  Letters 
of  Marque  and  Reprisal,  and 
make  Rules  concerning  Captures 
on  Land  and  Water  ; 

To  raise  and  support  Armies, 
but  no  Appropriation  of  Money 
to  that  Use  shall  be  for  a  longer 
Term  than  two  Years  ; 

To  provide  and  maintain  a 
Navy  ; 

To  make  Rules  for  the  Gov 
ernment  and  Regulation  of  the 
land  and  naval  Forces  ; 

To  provide  for  calling  forth 
the  Militia  to  execute  the  Laws 
of  the  Union,  suppress  Insur 
rections  and  repel  invasion  ; 

To  provide  for  organizing, 
arming,  and  disciplining,  the 
Militia,  and  for  governing  such 
Part  of  them  as  may  be  em 
ployed  in  the  Service  of  the 
United  States,  reserving  to  the 
States  respectively,  the  Appoint 
ment  of  the  Officers,  and  the 
Authority  of  training  the  Militia 
according  to  the  Discipline  pre 
scribed  by  Congress ; 

To  exercise  exclusive  Legisla- 


dred    and    sixty-three,    shall    be 
paid  out  of  its  own  revenue: 

To  promote  the  progress  of  (£) 
science  and  useful  arts,  by  se 
curing  for  limited  times  to 
authors  and  inventors  the  ex 
clusive  right  to  their  respective 
writings  and  discoveries  : 

To    constitute   tribunals   infe-    (£> 
rior  to  the  Supreme  Court : 

To  define  and  punish  piracies    /To) 
and   felonies   committed   on   the 
high  seas,   and  offences  against 
the  law  of  nations : 

To  declare  war,  grant  letters   dD 
of    marque    and    reprisal,    and 
make  rules  concerning  captures 
on  land  and  on  water : 

To  raise  and  support  armies  ;   (Q) 
but  no  appropriation  of  money 
to  that  use  shall  be  for  a  longer 
term  than  two  years  : 

To    provide    and    maintain    a  (T3p 
navy : 

To  make  rules  for  the  govern-  (ft|D 
ment  and  regulation  of  the  land 
and  naval  forces  : 

To   provide   for   calling   forth  (&} 
the  militia  to  execute  the  laws 
of  the  Confederate  States,  sup 
press  insurrections,  and  repel  in 
vasions  : 

To  provide  for  organizing,  (fj£> 
arming,  and  disciplining  the  mi 
litia,  and  for  governing  such 
part  of  them  as  may  be  employed 
in  the  service  of  the  Confederate 
States  ;  reserving  to  the  States, 
respectively,  the  appointment 
of  the  officers,  and  the  author 
ity  of  training  the  militia  ac 
cording  to  the  discipline  pre 
scribed  by  Congress  : 

To  exercise  exclusive   legisla-  (7j) 


284: 


Civil  History  of  the  Government 


tlon  in  all  Cases  whatsoever, 
over  such  District  (not  exceed 
ing  ten  Miles  square)  as  may, 
by  Cession  of  particular  States, 
and  the  Acceptance  of  Congress, 
become  the  Seat  of  the  Govern 
ment  of  the  United  States,  and 
to  exercise  like  Authority  over 
all  Places  purchased  by  the  Con 
sent  of  the  Legislature  of  the 
State  in  which  the  bame  shall 
be,  for  the  Erection  of  Forts, 
Magazines,  Arsenals,  Dock  Yards, 
and  other  needful  Buildings ; — 
And 

To  make  all  Laws  which  shall 
be  necessary  and  proper  for 
carrying  into  Execution  the  fore 
going  Powers,  and  all  other  Pow 
ers  vested  by  this  Constitution 
In  the  Government  of  the  United 
States,  or  in  any  Department 
or  Officer  thereof. 

SECTION  9.  The  Migration  or 
Importation  of  such  Persons  as 
any  of  the  States  now  existing 
shall  think  proper  to  admit, 
shall  not  be  prohibited  by  the 
Congress  prior  to  the  Year  one 
thousand  eight  hundred  and 
eight,  but  a  Tax  or  Duty  may 
be  Imposed  on  such  Importation, 
not  exceeding  ten  dollors  for 
•ach  Person. 


The  Privilege  of  the  Writ  of 
Habeas  Corpus  shall  not  be  sus 
pended,  unless  when  in  Cases 
of  Rebellion  or  Invasion  the 
public  safety  may  require  it. 

No  Bill  of  Attainder  or  ex 
post  facto  Law  shall  be  passed. 


tion,  in  all  cases  whatsoever, 
over  such  district  (not  exceed 
ing  ten  miles  square)  as  may, 
by  cession  of  one  or  more  States 
and  the  acceptance  of  Congress, 
become  the  seat  of  the  govern 
ment  of  the  Confederate  States : 
and  to  exercise  like  authority 
over  all  places  purchased  by  the 
consent  of  the  legislature  of  the 
State  in  which  the  same  shall 
be,  for  the  erection  of  forts,  mag 
azines,  arsenals,  dockyards,  and 
other  needful  buildings  :  and 

To  make  all  laws  which  shall 
be  necessary  and  proper  for 
carrying  into  execution  the  fore 
going  powers,  and  all  other  pow 
ers  vested  by  this  Constitution 
In  the  government  of  the  Con 
federate  State,  or  in  any  depart 
ment  or  officer  thereof. 

SECTION  9.  The  importation 
of  negroes  of  the  African  race, 
from  any  foreign  country  other 
than  the  slaveholding  States  or 
Territories  of  the  United  States 
of  America,  is  hereby  forbidden; 
and  Congress  is  required  to  pass 
such  laws  as  shall  effectually 
prevent  the  same. 

Congress  shall  also  have  power 
to  proJiibit  the  introduction  of 
slaves  from  any  State  not  a 
member  of,  or  Territory  not  be 
longing  to,  this  Confederacy. 

The  privilege  of  the  writ  of 
habeas  corpus  shall  not  be  sus 
pended,  unless  when  in  case  of 
rebellion  or  invasion  the  public 
safety  may  require  it. 

No  bill  of  attainder,  ex  post 
facto  law,  or  law  denying  or  im- 


(<$> 


a> 
V 

6) 


•j 


of  the  Confederate  States. 


285 


No  Capitation,  or  other  di 
rect,  Tax  shall  be  laid,  unless 
In  Proportion  to  the  Census  or 
Enumeration  herein  before  di 
rected  to  be  taken. 

No  Tax  or  Duty  shall  be  laid 
on  Articles  exported  from  any 
State. 

No  Preference  shall  be  given 
by  any  Regulation  of  Commerce 
or  Revenue  to  the  Ports  of  one 
State  over  those  of  another  ;  nor 
shall  Vessels  bound  to,  or  from, 
one  State,  be  obliged  to  enter, 
clear,  or  pay  Duties  in  another. 

No  Money  "shall  be  drawn 
from  the  Treasury,  but  in  Con 
sequence  of  Appropriations  made 
by  Law ;  and  a  regular  State 
ment  and  Account  of  the  Re 
ceipts  and  Expenditures  of  all 
public  Money  shall  be  published 
from  time  to  time. 


pa[i}ring  the  right  of  property 
in  negro  slaves  shall  be  passed. 

No  capitation  or  other  direct 
tax  shall  be  laid,  unless  in  pro 
portion  to  the  census  or  enumer 
ation  hereinbefore  directed  to  be 
taken. 

No  tax  or  duty  shall  be  laid 
on  articles  exported  from  any 
State,  except  by  a  vote  of  two- 
thirds  of  both  Houses. 

No  preference  shall  be  given 
by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one 
State  over  those  of  another. 


No  money  shall  be  drawn  from 
the  treasury,  but  in  consequence 
of  appropriations  made  by  law; 
and  a  regular  statement  and  ac 
count  of  the  receipts  and  ex 
penditures  of  all  public  money 
shall  be  published  from  time  to 
time. 

Congress  shall  appropriate  no 
money  from  the  treasury,  ex 
cept  by  a  vote  of  two-thirds  of 
both  Houses,  taken  by  yeas  and 
nays,  unless  it  be  asked  and  es 
timated  for  by  some  one  of  the 
heads  of  departments,  and  sub 
mitted  to  Congress  by  the  Pres 
ident;  or  for  the  purpose  of  pay 
ing  its  own  expenses  and  con 
tingencies;  or  for  the  payment 
of  claims  against  the  Confed 
erate  States,  the  justice  of 
which  shall  have  been  judicially 
declared  by  a  tribunal  for  the 
investigation  of  claims  against 
the  government,  which  it  is 


286 


Civil  History  of  the  Government 


No  Title  of  Nobility  shall  be 
granted  by  the  United  States; 
and  no  Person  holding  any 
Office  of  Profit  or  Trust  under 
them,  shall,  without  the  Con 
sent  of  the  Congress,  accept  of 
any  present,  Emolument,  Office, 
or  Title,  of  any  kind  whatever, 
from  any  King,  Prince,  or  for 
eign  State. 


hereby  made  the  duty  of  Con 
gress  to  establish. 

All  bills  appropriating  money 
shall  specify  in  federal  cur 
rency  the  exact  amount  of  each 
appropriation  and  the  purposes 
for  which  it  is  made;  and  Con 
gress  shall  grant  no  extra  com 
pensation  to  any  public  contrac 
tor,  officer,  agent  or  servant, 
after  such  contract  shall  have 
been  made  or  such  service  ren 
dered. 

No  title  of  nobility  shall  be 
granted  by  the  Confederate 
States ;  and  no  person  holding 
any  office  of  profit  or  trust  under 
them  shall,  without  the  consent 
of  the  Congress,  accept  of  any 
present,  emolument,  office  or 
title  of  any  kind  whatever,  from 
any  king,  prince,  or  foreign  state. 

Congress  shall  make  no  law 
respecting  an  establishment  of 
religion,  or  prohibiting  the  free 
exercise  thereof ;  or  abridging 
the  freedom  of  speech,  or  of  the 
press ;  or  the  right  of  the  peo 
ple  peaceably  to  assemble  and 
petition  the  government  for  a 
redress  of  grievances. 

A  well-regulated  militia  be 
ing  necessary  to  the  security  of 
a  free  state,  the  right  of  the 
people  to  keep  and  bear  arms 
shall  not  be  infringed. 

No  soldier  shall,  In  time  of 
peace,  be  quartered  in  any  house, 
without  the  consent  of  the 
owner ;  nor  In  time  of  war,  but 
In  a  manner  to  be  prescribed  by 
law. 

The  right  of  the  people  to  be 
secure  in  their  persons,  houses, 


of  the  Confederate  States.  287 


papers,  and  effects,  against  un 
reasonable  searches  and  seizures, 
shall  not  be  violated;  and  no 
warrants  shall  issue  but  upon 
probable  cause,  supported  by 
oath  or  affirmation,  and  partic 
ularly  describing  the  place  to  be 
searched,  and  the  persons  or 
things  to  be  seized. 

No  person  shall  be  held  to  an-  (Jjgt 
swer  for  a  capital  or  otherwise 
Infamous  crime,  unless  on  a  pre 
sentment  or  indictment  of  a 
grand  jury,  except  in  cases  aris 
ing  in  the  land  or  naval  forces, 
or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public 
danger ;  nor  shall  any  person  be 
subject  for  the  same  offense,  to 
be  twice  put  in  jeopardy  of  life 
or  limb ;  nor  be  compelled,  in 
any  criminal  case,  to  be  a  wit 
ness  against  himself ;  nor  be  de 
prived  of  life,  liberty,  or  prop 
erty  without  due  process  of 
law ;  nor  shall  private  property 
be  taken  for  public  use,  without 
just  compensation. 

In  all  criminal  prosecutions,  (T?> 
the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by 
an  impartial  jury  of  the  State 
and  district  wherein  the  crime 
shall  have  been  committed, 
which  district  shall  have  been 
previously  ascertained  by  law. 
and  to  be  informed  of  the  nature 
and  cause  of  the  accusation ;  to 
be  confronted  with  the  wit 
nesses  against  him ;  to  have 
compulsory  process  for  obtain 
ing  witnesses  in  his  favor ;  and 
to  have  the  assistance  of  coun 
sel  for  his  defence. 


288 


Civil  History  of  the  Government 


SECTION  10.  No  State  shall 
enter  into  any  Treaty,  Alliance, 
or  Confederation :  grant  Letters 
of  Marque  and  Reprisal ;  coin 
money;  jnnit  JBiHs^^f  Credit; 
make  any  Thing  but  gold  and 
silver  Coin  a  Tender  in  Payment 
of  Debts;  pass  any  Bill  of  At 
tainder,  ex  post  facto  Law,  or 
Law  impairing  the  Obligation  of 
Contracts,  or  grant  any  Title  of 
Nobility. 

No  State  shall,  without  the 
Consent  of  the  Congress,  lay  any 
Imposts  or  Duties  on  Imports 
or  Exports,  except  what  may  be 
absolutely  necessary  for  exe 
cuting  its  inspection  Laws ;  and 
the  net  Produce  of  all  Duties 
and  Imposts,  laid  by  any  State 
on  Imports  or  Exports,  shall  be 
for  the  Use  of  the  Treasury  of 
the  United  States;  and  all  such 
Laws  shall  be  subject  to  the  Re- 
yision  and  Controul  of  the  Con 
gress. 

No    State  shall,   without   the 


In  suits  at  common  law,  where 
the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right 
of  trial  by  jury  shall  be  pre 
served  ;  and  no  fact  so  tried  by 
a  jury  shall  be  otherwise  re- 
examined  in  any  court  of  the 
Confederacy,  than  according  to 
the  rules  of  common  law. 

Excessive  bail  shall  not  be  re- 
quired,  nor  excessive  fines  im 
posed,  nor  cruel  and  unusual 
punishment  inflicted. 

Every  law,  or  resolution  hav- 
ing  the  force  of  law,  shall  re- 
late  to  but  one  subject,  and  that 
shall  be  expressed  in  the  title. 

SECTION  10.  No  State  shall 
enter  into  any  treaty,  alliance, 
or  confederation  ;  grant  letters 
of  marque  and  reprisal  ;  coin 
money  ;  make  any  thing  but  gold 
and  silver  coin  a  tender  in  pay 
ment  of  debts  ;  pass  any  bill  of 
attainder,  or  ex  post  facto  law, 
or  law  impairing  the  obligation 
of  contracts  ;  or  grant  any  title 
of  nobility. 

No  State  shall,  without  the 
consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  or 
exports,  except  what  may  be  ab 
solutely  necessary  for  executing 
its  inspection  laws  ;  and  the  nett 
produce  of  all  duties  and  Im 
posts,  laid  by  any  State  on  im 
ports  or  exports,  shall  be  for  the 
use  of  the  Treasury  of  the  Con 
federate  States  ;  and  all  such 
laws  shall  be  subject  to  the  re 
vision  and  control  of  Congress. 


No    State   shall,    without   the  QP 


of  the  Confederate  States. 


289 


Consent  of  Congress,  lay  any 
Duty  of  Tonnage,  keep  Troops, 
or  Ships  of  War  in  time  of 
Peace,  enter  into  any  Agreement 
or  Compact  with  another  State, 
or  with  a  foreign  Power,  or  en 
gage  in  War,  unless  actually  in 
vaded,  or  in  such  imminent  Dan 
ger  as  will  not  admit  of  Delay. 


ARTICLE  II. 

SECTION  1.  The  executive 
Power  shall  be  vested  in  a  Pres 
ident  of  the  United  States  of 
America.  He  shall  hold  his 
Office  during  the  Term  of  four 
Years,  and,  together  with  the 
Vice  President,  chosen  for  the 
same  Term,  be  elected,  as  fol 
lows  : 

Each  State  shall  appoint,  In 
such  Manner  as  the  Legislature 
thereof  may  direct,  a  Number 
of  Electors,  equal  to  the  whole 
number  of  Senators  and  Repre 
sentatives  to  which  the  State 
may  be  entitled  in  the  Congress : 

37 


consent  of  Congress,  lay  any 
duty  on  tonnage,  except  on  sea 
going  vessels,  for  the  improve 
ment  of  its  rivers  and  harbors 
navigated  by  the  sott?  vessels; 
but  such  duties  shall  not  con 
flict  with  any  treaties  of  the 
Confederate  States  with  foreign 
nations;  and  any  surplus  rev 
enue  thus  derived,  shall,  after 
making  such  improvement,  be 
paid  into  the  common  treasury. 
Nor  shall  any  State  keep  troops 
or  ships-of-war  in  time  of  peace, 
enter  into  any  agreement  or 
compact  with  another  State,  or 
with  a  foreign  power,  or  engage 
in  war,  unless  actually  invaded, 
or  in  such  imminent  danger  as 
will  not  admit  of  delay.  But 
when  any  river  divides  or  flows 
through  two  or  more  States, 
they  may  enter  into  compacts 
with  each  other  to  improve  the 
navigation  thereof. 

ARTICLE  II. 

SECTION  1.  The  executive 
power  shall  be  vested  in  a  Pres 
ident  of  the  Confederate  States 
of  America.  He  and  the  Vice 
President  shall  hold  their  of 
fices  for  the  term  of  sisa  years ; 
but  the  President  shall  not  be 
re-eligible.  The  President  and 
the  Vice  President  shall  be 
elected  as  follows : 

Each  State  shall  appoint,  In 
such  manner  as  the  legislature 
thereof  may  direct,  a  number 
of  electors  equal  to  the  whole 
number  of  Senators  and  Repre 
sentatives  to  which  the  State 
may  be  entitled  in  the  Congress  ; 


r 


290 


Civil  History  of  the  Government 


but  no  Senator  or  Representa 
tive,  or  Person  holding  an  Office 
of  Trust  or  Profit  under  the 
United  States,  shall  be  appoint 
ed  an  Elector. 

The  Electors  shall  meet  in 
their  respective  States,  and  vote 
by  Ballot  for  two  Persons,  of 
whom  one  at  least  shall  not  be 
an  Inhabitant  of  the  same  State 
with  themselves.  And  they  shall 
make  a  List  of  all  the  Persons 
voted  for,  and  of  the  Number  of 
Votes  for  each  ;  which  List  they 
shall  sign  and  certify,  and 
transmit  sealed  to  the  Seat  of 
the  Government  of  the  United 
States,  directed  to  the  president 
of  the  Senate.  The  President  of 
the  Senate  shall,  in  the  Presence 
of  the  Senate  and  House  of  Rep 
resentatives,  open  all  the  Cer 
tificates  and  the  Votes  shall  then 
be  counted.  The  Person  hav 
ing  the  greatest  Number  of 
Votes  shall  be  the  President,  if 
such  Number  be  a  Majority  of 
the  whole  Number  of  Electors 
appointed  ;{and  if  there  be  more 
than  one  who  have  such  Ma 
jority  and  have  an  equal  Num 
ber  of  Votes,  then  the  House  of 
Representatives  shall  immedi 
ately  chuse  by  Ballot  one  of 
them  for  President  ;)and  if  no 
Person  have  a  Majority,  then 
from  the  five  highest  on  the  List 
the  saidllouse  shall  in  like 
Manner  chuse  the  President. 
But  in  chusing  the  President, 
the  Votes  shall  be  taken  by 
States,  the  Representation  from 
each  State  having  one  Vote ;  a 
Quorum  for  this  Purpose  shall 


but  no  Senator  or  Representa 
tive  or  person  holding  an  of 
fice  of  trust  or  profit  under  the 
Confederate  States,  shall  be  ap 
pointed  an  elector. 

The  electors  shall  meet  in  (£) 
their  respective  States  and  vote 
by  ballot  for  President  and  Vice 
President,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant 
of  the  same  State  with  them 
selves  ;  they  shall  name  in  their 
ballots  the  person  voted  for  as 
President,  and  in  distinct  bal 
lots  the  person  voted  for  as  Vice 
President,  and  they  shall  make 
distinct  lists  of  all  persons  voted 
for  as  President,  and  all  per 
sons  voted  for  as  Vice  President, 
and  of  the  number  of  votes  for 
each,  which  list  they  shall  sign 
and  certify,  and  transmit,  sealed, 
to  the  seat  of  the  government 
of  the  Confederate  States,  di 
rected  to  the  President  of  the 
Senate;  the  President  of  the 
Senate  shall,  in  the  presence  of 
the  Senate  and  House  of  Repre 
sentatives,  open  all  the  certifi 
cates,  and  the  votes  shall  then 
be  counted ;  the  person  having 
the  greatest  number  of  votes  for  -"" 
President  shall  be  the  President, 
if  such  number  be  a  majority  of 
the  whole  number  of  electors 
appointed ;  and  if  no  person 
have  such  a  majority,  then,  from 
the  persons  having  the  highest 
numbers,  not  exceeding  three,  on 
the  list  of  those  voted  for  aa 
President,  the  House  of  Repre 
sentatives  shall  choose  immedi 
ately,  by  ballot,  the  President. 
But  in  choosing  the  President, 


of  the  Confederate  States. 


consist  of  a  Member  or  Members 
from  two  thirds  of  the  States, 
and  a  Majority  of  all  the  States 
shall  be  necessary  to  a  Choice. 
In  every  Case,  after  the  Choice 
of  the  President,  the  Person  hav 
ing  the  greatest  Number  of  Votes 
of  the  Electors  shall  be  the 
Vice  President,  but  if  there 
should  remain  two  or  more  who 
have  equal  Votes,  the  Senate 
shall  chuse  from  them  by  Bal' 
lot  the  Vice-President. 


The  Congress  may  determine 
the  Time  of  chusing  the  Elec 
tors,  and  the  Day  on  which  they 
shall  give  their  Votes;  which 
Day  shall  be  the  same  through 
out  the  United  States. 


the  votes  shall  be  taken  by  States 
— the  representation  from  each 
State  having  one  vote  ;  a  quorum 
for  this  purpose  shall  consist  of 
a  member  or  members  from  two- 
thirds  of  the  States,  and  a  ma 
jority  of  all  the  States  shall  be 
necessary  to  a  choice.  (And  if 
the  House  of  Representatives 
shall  not  choose  a  President, 
whenever  the  right  of  choice 
shall  devolve  upon  them,  before 
the  fourth  day  of  March  next 
following,  then  the  Vice  Presi 
dent  shall  act  as  President,  as 
in  the  case  of  the  death,  or  other 
constitutional  disability  of  the 
President.^ 

The  person  having  the  great 
est  number  of  votes  as  Vice 
President,  shall  be  the  Vice 
President,  if  such  number  be  a 
majority  of  the  whole  number 
of  electors  appointed  ;  and  if  no 
person  have  a  majority,  then, 
from  the  two  highest  numbers 
on  the  list,  the  Senate  shall 
choose  the  Vice  President ;  a 
quorum  for  the  purpose  shall 
consist  of  two-thirds  of  the 
whole  number  of  Senators,  and 
a  majority  of  the  whole  number 
shall  be  necessary  to  a  choice. 

But  no  person  constitutionally 
ineligible  to  the  office  of  Presi 
dent  shall  be  eligible  to  that  of 
Vice  President  of  the  Confeder 
ate  States. 

The  Congress  may  determine 
the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall 
give  their  votes  ;  which  day  shall 
be  the  same  throughout  the  Con 
federate  States. 


292 


Civil  History  of  the  Government 


No  person  except  a  natural- 
born  Citizen,  or  a  Citizen  of  the 
United  States,  at  the  time  of  the 
Adoption  of  this  Constitution, 
shall  be  eligible  to  the  Office  of 
President ;  neither  shall  any 
Person  be  eligible  to  that  Office 
who  shall  not  have  attained  to 
the  age  of  thirty  five  Years,  and 
been  fourteen  Years  a  Resident 
within  the  United  States. 


In  Case  of  the  Removal  of  the 
President  from  Office,  or  of  his 
Death,  Resignation,  or  Inability 
to  discharge  the  Powers  and 
Duties  of  the  said  office,  the 
same  shall  devolve  on  the  Vice 
President,  and  the  Congress 
may  by  Law  provide  for  the 
Case  of  Removal,  Death,  Resig 
nation,  or  Inability,  both  of  the 
President  and  Vice  President, 
declaring  what  Officer  shall  then 
act  as  President,  and  such 
Officer  shall  act  accordingly,  un 
til  the  Disability  be  removed, 
or  a  President  shall  be  elected. 

The  President  shall,  at  stated 
Times,  receive  for  his  Services, 
a  Compensation,  which  shall 
neither  be  encreased  nor  dimin 
ished  during  the  Period  for 
which  he  shall  have  been  elect 
ed,  and  he  shall  not  receive 
within  that  Period  any  other 
Emolument  from  the  United 
States,  or  any  of  them. 

Before  he  enter  on  the  Exe 
cution  of  his  Office,  he  shall 


No  person  except  a  natural  C> 
born  citizen  of  the  Confederate 
States,  or  a  citizen  thereof  at 
the  time  of  the  adoption  of  this 
Constitution,  or  a  citizen  thereof  1 
lorn  in  the  United  States  prior  I 
to  the  20th  of  December,  I860, 
shall  be  eligible  to  the  office  of 
President ;  neither  shall  any 
person  be  eligible  to  that  office 
who  shall  not  have  attained  the 
age  of  thirty-five  years,  and 
been  fourteen  years  a  resident 
within  the  limits  of  the  Con 
federate  States,  as  they  may  ex 
ist  at  the  time  of  his  election. 

In  case  of  the  removal  of  the  (3D 
President  from  office,  or  of  his 
death,  resignation,  or  inability 
to  discharge  the  powers  and 
duties  of  the  said  office,  the  same 
shall  devolve  on  the  Vice  Presi 
dent  ;  and  the  Congress  may,  by 
law,  provide  for  the  case  of  re 
moval,  death,  resignation,  or  In 
ability,  both  of  the  President 
and  Vice  President,  declaring 
what  officer  shall  then  act  aa 
President ;  and  such  officer  shall 
act  accordingly,  until  the  disa 
bility  be  removed  or  a  President 
shall  be  elected. 

The  President  shall,  at  stated  @> 
times,  receive  for  his  services 
a  compensation,  which  shall 
neither  be  increased  nor  dimin 
ished  during  the  period  for 
which  he  shall  have  been 
elected  ;  and  he  shall  not  receive 
within  that  period  any  other 
emolument  from  the  Confederate 
States,  or  any  of  them. 

Before  he  enters  on  the  ere-  (jjD 
cution  of  his  office,  he  shall  take 


of  the  Confederate  States. 


293 


take  the  following  Oath  or  Af 
firmation  : 

"I  do  solemnly  swear  (or 
"Affirm)  that  I  will  faithfully 
"execute  the  Office  of  President 
"of  the  United  States,  and  will 
"to  the  best  of  my  Ability,  pre- 
"serve,  protect  and  defend  the 
"Constitution  of  the  United 
"States." 

SECTION  2.  The  President  shall 
be  Commander  in  Chief  of  the 
Army  and  Navy  of  the  United 
States,  and  of  the  Militia  of  the 
several  States,  when  called  into 
the  actual  Service  of  the  United 
States ;  he  may  require  the 
Opinion,  in  writing,  of  the  prin 
cipal  Officer  in  each  of  the  exe 
cutive  Departments,  upon  any 
subject  relating  to  the  Duties 
of  their  respective  Offices,  and 
he  shall  have  Power  to  grant 
Reprieves  and  Pardons  for  Of 
fences  against  the  United  States, 
except  in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and 
with  the  Advice  and  Consent  of 
the  Senate,  to  make  Treaties, 
provided  two  thirds  of  the  Sen 
ators  present  concur ;  and  he 
shall  nominate,  and  by  and  with 
the  Advice  and  Consent  of  the 
Senate,  shall  appoint  Ambassa 
dors,  other  public  Ministers  and 
Consuls,  Judges  of  the  supreme 
Court,  and  all  other  Officers  of 
the  United  States,  whose  Ap 
pointments  are  not  herein  other 
wise  provided  for,  and  which 
shall  be  established  by  Law; 
but  the  Congress  may  by  Law 
vest  the  Appointment  of  such  in- 


the   following   oath   or   affirma 
tion: 

"I  do  solemnly  swear  (or 
affirm)  that  I  will  faithfully 
execute  the  office  of  President  of 
the  Confederate  States,  and  will, 
to  the  best  of  my  ability,  pre 
serve,  protect,  and  defend  the 
Constitution  thereof." 

SECTION  2.  The  President 
shall  be  commander-in-chief  of 
the  army  and  navy  of  the  Con 
federate  States,  and  of  the 
militia  of  the  several  States, 
when  called  into  the  actual  ser 
vice  of  the  Confederate  States  ; 
he  may  require  the  opinion,  in 
writing,  of  the  principal  officer 
in  each  of  the  executive  depart 
ments,  upon  any  subject  relating 
to  the  duties  of  their  respective 
offices  ;  and  he  shall  have  power 
to  grant  reprieves  and  pardons 
for  offences  against  the  Confed 
erate  States,  except  in  cases  of 
impeachment. 

He  shall  have  power,  by  and 
with  the  advice  and  consent  of 
the  Senate,  to  make  treaties  ; 
provided  two-thirds  of  the  Sen 
ators  present  concur  ;  and  he 
shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the 
Senate,  shall  appoint  ambas 
sadors,  other  public  ministers 
and  consuls,  judges  of  the  Su 
preme  Court,  and  all  other  of 
ficers  of  the  Confederate  States 
whose  appointments  are  not 
herein  otherwise  provided  for, 
and  which  shall  be  established 
by  law  ;  but  the  Congress  may, 
by  law,  vest  the  appointment  of 


(vj). 


294 


Civil  History  of  the  Government 


ferior  Officers,  as  they  think 
proper,  In  the  President  alone, 
in  the  Courts  of  Law,  or  in  the 
Heads  of  Departments. 


The  President  shall  have  the 
Power  to  fill  all  Vacancies  that 
may  happen  during  the  Recess 
of  the  Senate,  by  granting  Com 
mission  which  shall  expire  at 
the  End  of  their  next  Session. 


SECTION  3.  He  shall  from  time 
to  time  give  to  the  Congress  In 
formation  of  the  State  of  the 
Union,  and  recommend  to  their 
Consideration  such  Measures  aa 
he  shall  judge  necessary  and  ex 
pedient  ;  he  may,  on  extraordi 
nary  Occasions,  convene  both 
Houses,  or  either  of  them,  and 
in  Case  of  Disagreement  be 
tween  them,  with  Respect  to  the 
time  of  Adjournment,  he  may 
adjourn  them  to  such  Time  as 
he  shall  think  proper ;  he  shall 


such  inferior  officers,  as  they 
think  proper,  in  the  President 
alone,  in  the  courts  of  law,  or 
in  the  heads  of  departments. 

The  principal  officer  in  each 
of  the  executive  departments, 
and  all  persons  connected  with 
the  diplomatic  service,  may  be 
removed  from,  of/Ice  at  the  pleas 
ure  of  the  President.  All  other 
civil  officers  of  the  executive  de 
partment  may  be  removed  at 
any  time  by  the  President,  or 
other  appointing  power,  when 
their  services  are  unnecessary, 
or  for  dishonesty,  incapacity,  in 
efficiency,  misconduct,  or  neglect 
of  duty;  and  when  so  removed, 
the  removal  shall  be  reported  to 
the  Senate,  together  with  the 
reasons  therefor. 

The  President  shall  have  power 
to  fill  all  vacancies  that  may 
happen  during  the  recess  of  the 
Senate,  by  granting  commissions 
which  shall  expire  at  the  end  of 
their  next  session ;  but  no  per 
son  rejected  by  the  Senate  shall 
be  reappointed  to  the  same  of 
fice  during  tJieir  ensuing  recess. 

SECTION  3.  The  President 
shall,  from  time  to  time,  give  to 
the  Congress  information  of  the 
state  of  the  Confederacy,  and 
recommend  to  their  considera 
tion  such  measures  as  he  shall 
judge  necessary  and  expedient ; 
he  may,  on  extraordinary  occa 
sions,  convene  both  Houses,  or 
either  of  them ;  and  in  case  of 
disagreement  between  them,  with 
respect  to  the  time  of  adjourn 
ment,  he  may  adjourn  them  to 
such  time  as  he  shall  think 


of  the  Confederate  States. 


295 


receive  Ambassadors  and  other 
public  Ministers;  he  shall  take 
Care  that  the  Laws  be  faithfully 
executed,  and  shall  Commission 
all  the  officers  of  the  United 
States. 

SECTION  4.  The  President, 
Vice  President  and  all  civil 
Officers  of  the  United  States 
shall  be  removed  from  Office  on 
Impeachment  for,  and  Convic 
tion  of,  Treason,  Bribery,  or 
other  high  Crimes  and  Misde 
meanors. 

ARTICLE  III. 

SECTION  1.  The  Judicial  Power 
of  the  United  States,  shall  be 
vested  in  one  supreme  Court, 
and  in  such  inferior  Courts  as 
the  Congress  may  from  time  to 
time  ordain  and  establish.  The 
Judges,  both  of  the  supreme  and 
inferior  Courts,  shall  hold  their 
offices  during  good  Behavior,  and 
shall,  at  stated  times,  receive 
for  their  Services  a  Compensa 
tion  which  shall  not  be  dimin 
ished  during  their  Continuance 
in  Office. 

SECTION  2.  The  Judicial  Power 
shall  extend  to  all  Cases,  jta 
Law  and  Equity,  arising  under 
this  Constitution,  the  Laws  of 
the  United  States  and  Treaties 
made,  or  which  shall  be  made 
under  their  Authority  ; — to  all 
Cases  affecting  Ambassadors, 
other  public  Ministers  and  Con 
suls  ; — to  all  Cases  of  admiralty 
and  maritime  Jurisdiction  ; — to 
Controversies  to  which  the 
United  States  shall  be  a  Party; 
— to  Controversies  between  two 


proper ;  he  shall  receive  ambas 
sadors  and  other  public  minis 
ters  ;  he  shall  take  care  that  the 
laws  be  faithfully  executed,  and 
shall  commission  all  the  officers 
of  the  Confederate  States. 

SECTION  4.  The  President, 
Vice  President,  and  all  civil  of 
ficers  of  the  Confederate  States, 
shall  be  removed  from  office  on 
impeachment,  for  and  conviction 
of,  treason,  bribery,  or  other 
high  crimes  and  misdemeanors. 

ARTICLE  III. 

SECTION  1.  The  judicial  power 
of  the  Confederate  States  shall 
be  vested  in  one  Supreme  Court, 
and  in  such  inferior  courts  as 
the  Congress  may,  from  time  to 
time,  ordain  and  establish.  The 
judges,  both  of  the  Supreme  and 
inferior  courts,  shall  hold  their 
offices  during  good  behavior, 
and  shall,  at  stated  times,  re 
ceive  for  their  services  a  com 
pensation  which  shall  not  be 
diminished  during  their  contin 
uance  in  office. 

SECTION  2.  The  judicial  power 
shall  extend  to  all  cases  arising 
under  this  Constitution,  the  laws 
of  the  Confederate  States,  and 
treaties  made,  or  which  shall  be 
made,  under  their  authority  ;  to 
all  cases  affecting  ambassadors, 
other  public  ministers  and  con 
suls  ;  to  all  cases  of  admiralty 
and  maritime  jurisdiction ;  to 
controversies  to  which  the  Con 
federate  (States  shall  be  a  party ; 
to  controversies  between  two  or 
more  States;  between  a  State 


296 


Civil  History  of  the  Government 


or  more  States ; — between  a 
State  and  Citizens  of  another 
State  ; — between  Citizens  of  dif-_ 
feren_t__§£ates,  between  ^Ttizens 
of  the  same  State  claiming 
Lands  under  Grants  of  different 
States  and  between  a  State,  or 
the  Citizens  thereof,  and  for 
eign  States,  Citizens  or  Sub 
jects. 

In  all  Cases  affecting  Ambas 
sadors,  other  public  Ministers 
and  Consuls,  and  those  in  which 
a  State  shall  be  Party,  the  su 
preme  Court  shall  have  original 
Jurisdiction.  In  all  the  other 
Cases  before  mentioned,  the  su 
preme  Court  shall  have  appellate 
Jurisdiction,  both  as  to  Law  and 
Fact,  with  such  Exceptions,  and 
under  such  Regulations  as  the 
Congress  shall  make. 

The  Trial  of  all  Crimes,  ex 
cept  Cases  of  Impeachment,  shall 
be  by  Jury  ;  and  such  Trial  shall 
be  held  in  the  State  where  the 
said  Crimes  shall  have  been 
committed  ;  but  when  not  com 
mitted  within  any  State,  the 
Trial  shall  be  at  such  Place  or 
Places  as  the  Congress  may  by 
Law  have  directed. 

SECTION  3.  Treason  against 
the  United  States,  shall  consist 
only  in  levying  War  against 
them,  or  in  adhering  to  their 
enemies,  giving  them  Aid  and 
Comfort.  No  Person  shall  be 
convicted  of  Treason  unless  on 
the  Testimony  of  two  Witnesses 
to  the  same  overt  Act,  or  on  Con 
fession  in  open  Court. 

The  Congress  shall  have  Power 
to  declare  the  Punishment  of 


and  citizens  of  another  State, 
where  the  State  is  plaintiff;  be 
tween  citizens  claiming  lands 
under  grants  of  different  States  ; 
and  between  a  State  or  the  citi 
zens  thereof,  and  foreign  states, 
citizens  or  subjects.  But  no 
State  shall  be  sued  by  a  citizen 
or  subject  of  any  foreign  state. 

In  all  cases  affecting  ambas- 
sadors,  other  public  ministers 
and  consuls,  and  those  In  which 
a  State  shall  be  a  party,  the  Su 
preme  Court  shall  have  original 
jurisdiction.  In  all  the  other 
cases  before  mentioned,  the  Su 
preme  Court  shall  have  appellate 
jurisdiction  both  as  to  law  and 
fact,  with  such  exceptions  and 
under  such  regulations  as  the 
Congress  shall  make. 

The  trial  of  all  crimes,  ex- 
cept  in  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial 
shall  be  held  in  the  State  where 
the  said  crimes  shall  have  been 
committed ;  but  when  not  com 
mitted  within  any  State,  the  trial 
shall  be  at  such  place  or  places 
as  the  Congress  may  by  law 
have  directed. 

SECTION  3.  Treason  against 
the  Confederate  States  shall 
consist  only  in  levying  war 
against  them,  or  In  adhering  to 
their  enemies,  giving  them  aid 
and  comfort.  No  person  shall 
be  convicted  of  treason  unless 
on  the  testimony  of  two  wit 
nesses  to  the  same  overt  act,  or 
on  confession  In  open  court. 

The  Congress  shall  have  power 
to  declare  the  punishment  of 


of  the  Confederate  States. 


297 


Treason,  but  no  Attainder  of 
Treason  shall  work  corruption 
of  Blood,  or  Forfeiture  except 
during  the  Life  of  the  Person 
attained. 

ARTICLE  IV. 

SECTION  A.  Full  Faith  and 
Credit  shall  be  given  in  each 
State  to  the  public  Acts,  Re 
cords,  and  judicial  Proceedings 
of  every  other  State.  And  the 
Congress  may  by  general  Laws 
prescribe  the  Manner  in  which 
such  Acts,  Records  and  Proceed 
ings  shall  be  proved,  and  the 
Effect  thereof. 

SECTION  2.  The  Citizens  of 
each  State  shall  be  entitled  to 
all  Privileges  and  Immunities 
of  Citizens  in  the  several  States. 


A  Person  charged  in  any  State 
with  Treason,  Felony,  or  other 
Crime,  who  shall  flee  from  Jus 
tice,  and  be  found  in  another 
State,  shall  on  Demand  of  the 
executive  Authority  of  the  State 
from  which  he  fled,  be  delivered 
up,  to  be  removed  to  the  State 
having  Jurisdiction  of  the  Crime. 

No  Person  held  to  Service  or 
Labour  in  one  State,  under  the 
Laws  thereof,  escaping  into  an 
other,  shall,  in  Consequence  of 
any  Law  or  Regulation  therein, 
be  discharged  from  such  Service 


treason ;  but  no  attainder  of 
treason  shall  work  corruption  of 
blood,  or  forfeiture,  except 
during  the  life  of  the  person  at 
tainted. 

ARTICLE  IV. 

SECTION  1.  Full  faith  and 
credit  shall  be  given  in  each 
State  to  the  public  acts,  records, 
and  judicial  proceedings  of  every 
other  State.  And  the  Congress 
may,  by  general  laws,  prescribe 
the  manner  in  which  such  acts, 
records,  and  proceedings  shall  be 
proved,  and  the  effect  thereof. 

SECTION  2.  The  citizens  of 
each  State  shall  be  entitled  to 
all  the  privileges  and  immuni 
ties  of  citizens  in  the  several 
States  ;  and  shall  have  the  right 
of  transit  and  sojourn  in  any 
State  of  this  Confederacy,  icith 
their  slaves  and  other  property; 
and  the  right  of  property  in 
said  slaves  shall  not  be  thereby 
impaired. 

A  person  charged  in  any  State 
with  treason,  felony,  or  other 
crime  against  the  laws  of  such 
State,  who  shall  flee  from  jus 
tice,  and  be  found  in  another 
State,  shall,  on  demand  of  the 
Executive  authority  of  the  State 
from  which  he  fled,  be  delivered 
up,  to  be  removed  to  the  State 
having  jurisdiction  of  the  crime. 

No  slave  or  other  person  held 
to  service  or  labor  in  any  State 
or  Territory  of  the  Confederate 
States,  under  the  laws  thereof, 
escaping  or  lawfully  carried 
into  another,  shall,  in  conse- 


298 


Civil  History  of  the  Government 


or  Labour,  but  shall  be  delivered 
up  on  Claim  of  the  Party  to 
whom  such  Service  or  Labour 
may  be  done. 


SECTION  3.  New  States  may 
be  admitted  by  the  Congress 
into  this  Union ;  but  no  new 
State  shall  be  formed  or  erected 
within  the  Jurisdiction  of  any 
other  State ;  nor  any  State  be 
formed  by  the  Junction  of  two 
or  more  States,  or  Parts  of 
States,  without  the  Consent  of 
the  Legislatures  of  the  States 
concerned  as  well  as  of  the  Con 
gress. 


The  Congress  shall  have  power 
to  dispose  of  and  make  all  need 
ful  Rules  and  Regulations  re 
specting  the  Territory  or  other 
Property  belonging  to  the  United 
States  ;  and  nothing  in  this  Con 
stitution  shall  be  so  construed 
as  to  Prejudice  any  Claims  of 
the  United  States,  or  of  any 
particular  State. 


quence  of  any  law  or  regulation 
therein,  be  discharged  from  such 
service  or  labor :  but  shall  be 
delivered  up  on  claim  of  the 
party  to  whom  such  slave  be 
longs,  or  to  whom  such  service 
or  labor  may  be  due. 

SECTION  3.  Other  States  may  %/  £|J 
be  admitted  into  this  Confed 
eracy  by  a  vote  of  two-thirds 
of  the  whole  House  of  Repre 
sentatives  and  two-thirds  of  the 
Senate,  the  Senate  voting  by 
States;  but  no  new  State  shall 
be  formed  or  erected  within  the 
jurisdiction  of  any  other  State  ; 
nor  any  State  be  formed  by 
the  junction  of  two  or  more 
States,  or  parts  of  States,  with 
out  the --consent  of  the  legisla 
tures  of  the  States  concerned, 
as  well  as  of  the  Congress. 

The  Congress  shall  have  power 
to  dispose  of  and  make  all  need 
ful  rules  and  regulations  con 
cerning  the  property  of  the  Con 
federate  States,  including  the 
lands  thereof. 

The  Confederate  States  may 
acquire  new  territory;  and  Con 
gress  shall  have  power  to  legis 
late  and  provide  governments 
for  the  inhabitants  of  all  terri 
tory  belonging  to  the  Confed 
erate  States,  lying  without  the 
limits  of  the  several  States;  and 
may  permit  them  at  such  times 
and  in  such  manner  as  it  may 
by  law  provide,  to  form  States 
to  be  admitted  into  the  Confed 
eracy.  In  all  such  territory,  the  <J 
institution  of  negro  slavery,  as 
it  now  exists  in  the  Confederate 
States,  shall  be  recognized  and 


6> 


of  the  Confederate  States. 


299 


SECTION  4.  The  United  States 
shall  guarantee  to  every  State 
in  this  Union  a  Republican 
Form  of  Government,  and  shall 
protect  each  of  them  against  In 
vasion,  and  on  Application  of 
the  Legislature,  or  of  the  Exe 
cutive  (when  the  Legislature 
cannot  be  convened)  against  do 
mestic  Violence. 


ARTICLE   V. 

The  Congress,  whenever  two- 
thirds  of  both  Houses  shall  deem 
it  necessary,  shall  propose 
Amendments  to  this  Constitu 
tion,  or  on  the  application  of 
the  Legislatures  of  two-thirds 
of  the  several  States,  shall  call 
a  Convention  for  proposing 
Amendments,  which,  in  either 
Case,  shall  be  valid  to  all  In 
tents  and  Purposes,  as  Part  of 
this  Constitution,  when  ratified 
by  the  Legislatures  of  three 
fourths  of  the  several  States, 
or  by  Conventions  in  three 
fourths  thereof,  as  the  one  or 
the  other  Mode  of  Ratification 
may  be  proposed  by  the  Con 
gress  :  Provided  that  no  Amend 
ment  which  may  be  made  prior 
to  the  Year  one  thousand  eight 
hundred  and  eight  shall  in  any 


protected  by  Congress  and  by 
the  territorial  government:  and 
the  inhabitants  of  the  several 
Confederate  States  and  Territo 
ries  shall  have  the  right  to  take 
to  such  territory  any  slaves 
lawfully  held  by  them  in  any 
of  the  States  or  Territories  of 
the  Confederate  States. 

The  Confederate  States  shall 
guarantee  to  every  State  that 
now  is,  or  hereafter  may  become, 
a  member  of  this  Confederacy, 
a  republican  form  of  govern 
ment  ;  and  shall  protect  each  of 
them  against  invasion]  and  on 
application  of  the  legislature 
(or  of  the  executive,  when  the 
legislature  is  not  in  session), 
against  domestic  violence. 

ARTICLE   V. 

SECTION  1.  Upon  the  demand 
of  any  three  States,  legally  as 
sembled  in  their  several  con- 
ventions,  the  Congress  shall 
summon  a  convention  of  all  the 
States,  to  take  into  considera 
tion  such  amendments  to  the 
Constitution  as  the  said  States 
shall  concur  in  suggesting  at  the 
time  when  the  said  demand  is 
made;  and  should  any  of  the 
proposed  amendments  to  the 
Constitution  be  agreed  on  by  the 
said  convention  —  voting  by 
States — and  the  same  be  rati 
fied  by  the  legislatures  of  two-_ 
thirds  of  the  several  States,  or 
by  conventions  in  two-thirds 
thereof — as  the  one  or  the  other 
mode  of  ratification  may  be  pro 
posed  by  the  general  convention 
— they  shall  thenceforward  form 


300 


Civil  History  of  the  Government 


Manner  affect  the  first  and 
fourth  Clauses  in  the  Ninth  Sec 
tion  of  the  first  Article ;  and 
that  no  State,  without  its  Con 
sent,  shall  be  deprived  of  its 
equal  suffrage  in  the  Senate. 

ARTICLE  VI. 


All  Debts  contracted  and  En 
gagements  entered  into,  before 
the  Adoption  of  this  Constitu 
tion,  shall  be  as  valid  against 
the  United  States  under  this 
Constitution,  as  under  the  Con 
federation. 

This  Constitution,  and  the 
Laws  of  the  United  States 
which  shall  be  made  in  Pursu 
ance  thereof :  and  all  Treaties 
made,  or  which  shall  be  made, 
under  the  authority  of  the  United 
States,  shall  be  the  supreme  Law 
of  the  Land  ;  and  the  Judges  in 
every  State  shall  be  bound  there 
by,  any  Thing  in  the  Constitu 
tion  or  Laws  of  any  State  to 
the  Contrary  notwithstanding. 

The  Senators  and  Represen 
tatives  before  mentioned,  and 
the  Members  of  the  several  State 
Legislatures,  and  all  executive 


a  part  of  this  Constitution.  But 
no  State  shall,  without  its  con 
sent,  be  deprived  of  its  equal 
representation  in  the  Senate. 


ARTICLE  VI. 

The  Government  established 
ty  this  Constitution  is  the  suc 
cessor  of  the  Provisional  Govern 
ment  of  the  Confederate  States 
of  America,  and  all  the  laws 
passed  by  the  latter  shall  con 
tinue  in  force  until  the  same 
shall  lie  repealed  or  modified; 
and  all  the  officers  appointed  by 
the  same  shall  remain  in  of 
fice  until  their  successors  are 
appointed  and  qualified,  or  the 
offices  abolished. 

All  debts  contracted  and  en- 
gagements  entered  into  before 
the  adoption  of  this  Constitution 
shall  be  as  valid  against  the 
Confederate  States  under  this 
Constitution  as  under  the  Pro 
visional  Government. 

This  Constitution,  and  the 
laws  of  the  Confederate  States 
made  in  pursuance  thereof,  and 
all  treaties  made,  or  which  shall 
be  made,  under  the  authority  of 
the  Confederate  States,  shall  be 
the  supreme  law  of  the  land ; 
and  the  judges  in  every  State 
shall  be  bound  thereby,  any 
thing  in  the  Constitution  or 
laws  of  any  State  to  the  con 
trary  notwithstanding. 

The  Senators  and  Representa- 
tives  before  mentioned,  and  the 
members  of  the  several  State 
legislatures,  and  all  executive 


of  the  Confederate  States. 


301 


and  judicial  Officers,  both  of  the 
United  States  and  of  the  several 
States,  shall  be  bound  by  Oath, 
or  Affirmation,  to  support  this 
Constitution ;  but  no  religious 
Test  shall  ever  be  required  as  a 
Qualification  to  any  Office  or 
public  Trust  under  the  United 
States. 


ARTICLE  VII. 
The  Ratification  of  the  Con 
ventions  of  nine  States,  shall  be 
sufficient  for  the  Establishment 
of  this  Constitution  between  the 
States  so  ratifying  the  Same. 


and  judicial  officers,  both  of  the 
Confederate  States  and  of  the 
several  States,  shall  be  bound 
by  oath  or  affirmation  to  sup 
port  this  Constitution ;  but  no 
religious  test  shall  ever  be  re 
quired  as  a  qualification  to  any 
office  or  public  trust  under  the 
Confederate  States. 

The  enumeration,  in  the  Con-    ( 
Btitution,  of  certain  rights,  shall 
not  be  construed  to  deny  or  dis 
parage   others    retained    by    the 
people  of  the  several  States. 

The  powers  not  delegated  to  ( 
the  Confederate  States  by  the 
Constitution,  nor  prohibited  by 
It  to  the  States,  are  reserved  to 
the  States,  respectively,  or  to 
the  people  thereof. 

ARTICLE   VII. 

The    ratification    of   the    con 
ventions  of  five  States  shall  be  v 
sufficient   for  the   establishment 
of  this  Constitution  between  the 
States  so  ratifying  the  same. 

When  five  Spates  shall  have 
ratified  this  Constitution,  in  the 
manner  before  specified,  the 
Congress  under  the  Provisional 
Constitution  shall  prescribe  the 
time  for  holding  the  election  of 
President  and  Vice  President; 
and  for  the  meeting  of  the  Elec 
toral  College;  and  for  counting 
the  rotes,  and  inaugurating  the 
President.  They  shall,  also,  pre 
scribe  the  time  for  holding  the 
first  election  of  members  of  Con 
gress  under  this  Constitution, 
and  the  time  for  assembling  the 
same.  Until  the  assembling  of 
such  Congress,  the  Congress  un- 


302 


Civil  History  of  the  Government 


DONE  in  Convention  by  the 
Unanimous  Consent  of  the 
States  present  the  Seven 
teenth  Day  of  September  in 
the  Year  of  our  Lord  one 
thousand  seven  hundred 
and  Eighty  seven  and  of 
the  Independance  of  the 
United  States  of  America 
the  Twelfth.  IN  WITNESS 
whereof  We  have  hereunto 
subscribed  our  Names, 

GEO  WASHINGTON— 
Presidt    and    deputy    from 
Virginia 

New  Hampshire. 

JOHN  LANGDON, 

NICHOLAS  OILMAN. 
Massachusetts. 

NATHANIEL  GORHAM, 

RUFUS  KING. 
Connecticut. 

WM.  SAML.  JOHNSON, 

ROGER  SHERMAN. 
New  York. 

ALEXANDER  HAMILTON. 
New  Jersey. 

WIL  :  LIVINGSTON, 

WM.  PATERSON, 

DAVID  BREARLEY, 

JON  A.  DAYTON. 
Pennsylvania. 

B.  FRANKLIN, 

ROBT.  MORRIS, 

THO  :  PITZSIMONS, 

JAMES  WILSON, 


dtr  the  Provisional  Constitution 
thall  continue  to  exercise  the 
legislative  powers  granted  them ; 
not  extending  beyond  the  time 
limited  by  the  Constitution  of 
the  Provisional  Government. 

ADOPTED  unanimously  by  the 
Congress  of  the  Confederate 
States  of  South  Carolina, 
Georgia,  Florida,  Alabama, 
Mississippi,  Louisiana  and 
Texas,  sitting  in  Convention 
at  the  capitol,  in  the  city  of 
Montgomery,  Alabama,  on 
the  Eleventh  day  of  March, 
In  the  year  Eighteen  Hun 
dred  and  Sixty-One. 

HOWELL  COBB, 
President  of  the  Congress. 


South  Carolina. 

R.  BARNWELL  RHHTT, 
C.  G.  MEMMINGER, 
WM.  POHCHER  MILES, 
JAMES  CHESNUT,  JR., 
R.  W.  BARNWELL, 
WILLIAM  W.  BOYCE, 
LAWRENCE  M.  KEITT, 
T.  J.  WITHERS. 

Georgia. 

FRANCIS  S.  BARTOW, 
MARTIN  J.  CRAWFORD, 
BENJAMIN  H.  HILL, 
THOS.  R.  R.  COBB. 

Florida. 

JACKSON  MORTON, 
J.  PATTON  ANDERSON, 
JAMES  B.  OWENS. 

Alabama. 

RICHARD  W.  WALKHB, 
ROBT.  H.  SMITH, 


of  the  Confederate  States. 


303 


THOMAS  MIPPLIN, 

GEO  :  CLYMER, 

JARED  INGERSOLL, 

Gouv :  MORRIS. 
Delatcare. 

GEO  :  READ, 

JOHN  DICKINSON, 

JACO:  BROOM, 

GUNNING  BEDFORD,  Jun'r, 

RICHARD  BASSETT. 
Maryland. 

JAMES  M'HENRY, 

DAN  :  OF  ST.  THOS.  JENIFER. 

DANL.  CARROLL. 
Virginia. 

JOHN  BLAIR, 

JAMES  MADISON,  Jr. 
North  Carolina. 

WM.  BLOUNT, 

RICH'D  DOBBS  SPAIGHT, 

Hu.  WILLIAMSON. 
South  Carolina. 

J.  RTJTLEDGE, 

CHARLES  COTESWORTH  PINCK- 

NEY, 

CHARLES  PINCKNEY, 
PIERCE  BUTLER. 
Georgia. 

WILLIAM  FEW, 
ABR.  BALDWIN. 
Attest : 

WILLIAM  JACKSON, 

Secretary. 


COLIN  J.  McRAB, 

WILLIAM  P.  CHILTON, 

STEPHEN  F.  HALE, 

DAVID  P.  LEWIS, 

THO.  FEARN, 

JNO.  GILL  SHORTER, 

J.  L.  M.  CURRY. 
Mississippi. 

ALEX.  M.  CLAYTON, 

JAMES  T.  HARRISON, 

WILLIAM  S.  BARRY, 

W.  S.  WILSON, 

WALKER  BROOKE, 

W.  P.  HARRIS, 

J.  A.  P.  CAMPBELL. 
Louisiana. 

ALEX.  DE  CLOUET, 

C.  M.  CON  HAD, 

DUNCAN  F.  KENNEK, 

HENRY  MARSHALL. 
Texas. 

JOHN  HEMPHILL, 

THOMAS  N.  WAUL, 

JOHN  H.  REAGAN, 

WILLIAMSON  S.  OLDHAM, 

Louis  T.  WIGFALL. 

JOHN  GREGG, 

WILLIAM  BECK  OCHILTREB. 


EXTRACT   FROM   THE   JOUR 
NAL  OF  THE  CONGRESS. 
CONGRESS,  March  11,  1861. 

On  the  question  of  the  adop 
tion  of  the  Constitution  of  the 
Confederate  States  of  America, 
the  vote  was  taken  by  yeas  and 
nays ;  and  the  Constitution  was 
unanimously  adopted,  as  fol 
lows : 


304:  Civil  History  of  the  Government 


Those  who  voted  in  the  affirm 
ative  being  Messrs.  Walker, 
Smith,  Curry,  Hale,  McRae, 
Shorter,  and  Fearn,  of  Alabama, 
(Messrs.  Chilton  and  Lewis  be 
ing  absent)  ;  Messrs.  Morton, 
Anderson,  and  Owens,  of  Flor 
ida  ;  Messrs.  Toombs,  Howell 
Cobb,  Bartow,  Nisbet,  Hill, 
Wright,  Thos.  R.  R.  Cobb,  and 
Stephens,  of  Georgia,  (Messrs. 
Crawford  and  Kenan  being  ab 
sent)  ;  Messrs.  Perkins,  de 
Clouet,  Conrad,  Kenner,  Spar 
row,  and  Marshall,  of  Louisiana  ; 
Messrs.  Harris,  Brooke,  Wilson, 
Clayton,  Barry,  and  Harrison, 
of  Mississippi,  (Mr.  Campbell 
being  absent)  ;  Messrs.  Rhett, 
Barnwell,  Keitt,  Chesnut,  Mem- 
minger,  Miles,  Withers,  and 
Boyce,  of  South  Carolina ; 
Messrs.  Reagan,  Hemphill,  Waul, 
Gregg,  Oldham,  and  Ochiltree,  of 
Texas,  (Mr.  Wigfall  being  ab 
sent). 

A  true  copy  : 

J.  J.  HOOrER, 
Secretary  of  the  Congress. 


CONGRESS,  March  11,  1861. 

I  do  hereby  certify  that  the 
foregoing  are,  respectively,  true 
and  correct  copies  of  "The  Con 
stitution  of  the  Confederate 
States  of  America,"  unanimously 
adopted  this  day,  and  of  the 
yeas  and  nays  on  the  question 
of  the  adoption  thereof. 

HOWELL  COBB, 
President  of  the  Congress. 


of  the  Confederate  States.  305 

The  following  is  prefixed  to  the  first  ten  Amendments  : 
"CONGRESS  OF  THE  UNITED  STATES, 

"Begun  and  held  at  the  City  of  New  York,  on  Wednesday,  the  fourth 
of  March,  one  thousand  seven  hundred  and  eighty-nine. 

"The  Conventions  of  a  number  of  the  States,  having  at  the  time  of 
their  adopting  the  Constitution,  expressed  a  desire,  in  order  to  pre 
vent  misconstruction  or  abuse  of  its  powers,  that  further  declara 
tory  and  restrictive  clauses  should  be  added  :  And  as  extending  the 
ground  of  public  confidence  in  the  Government,  will  best  insure  the 
beneficent  ends  of  its  institution  ; 

"  Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assernbJed,  two  thirds  of  both 
Houses  concurring,  That  the  following  Articles  be  proposed  to  the 
Legislatures  of  the  several  States,  as  amendments  to  the  Constitu 
tion  of  the  United  States,  all,  or  any  of  which  articles,  when  rati 
fied  by  three  fourths  of  the  said  Legislatures,  to  be  valid  to  all 
intents  and  purposes,  as  part  of  the  said  Constitution  ;  viz. 

"  Articles  in  addition  to,  and  Amendment  of  the  Constitution  of 
the  United  States  of  America,  proposed  by  Congress,  and  ratified  by 
the  Legislatures  of  the  several  States  pursuant  to  the  fifth  article 
of  the  original  Constitution." 

Articles  in  Addition  to,  and  Amendment  of,  the  Constitution  of  the 
United  States  of  America.  Proposed  ~by  Congress,  and  ratified 
~by  the  Legislatures  of  the  several  States,  pursuant  to  the  fifth 
article  of  the  original  Constitution. 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establishment  of  re 
ligion,  or  prohibiting  the  free  exercise  thereof ;  or  abridging  the 
freedom  of  speech,  or  of  the  press  ;  or  the  right  of  the  people  peace 
ably  to  assemble,  and  to  petition  the  Government  for  a  redress  of 
grievances. 

ARTICLE  II. 

A  well  regulated  Militia,  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  Arms,  shall  not  be 
infringed. 

ARTICLE  III. 

No  Soldier  shall,  in  time  of  peace  be  quartered  in  any  house, 
without  the  consent  of  the  Owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 


306  Civil  History  of  the  Government 


ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated,  and  no  Warrants  shall  issue,  but  upon  probable 
cause,  supported  by  Oath  or  affirmation,  and  particularly  describing 
tbe  place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  Grand 
Jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
Militia,  when  in  actual  service  in  time  of  War  or  public  danger ; 
nor  shall  any  person  be  subject  for  the  same  offence  to  be  twice  put 
in  jeopardy  of  life  or  limb  ;  nor  shall  be  compelled  in  any  Criminal 
Case  to  be  a  witness  against  himself,  nor  be  deprived  of  life,  lib 
erty,  or  property,  without  due  process  of  law  ;  nor  shall  private 
property  be  taken  for  public  use,  without  just  compensation. 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  dis 
trict  wherein  the  crime  shall  have  been  committed,  which  district 
shall  have  been  previously  ascertained  by  law,  and  to  be  informed 
of  the  nature  and  cause  of  the  accusation  ;  to  be  confronted  with 
the  witnesses  against  him  ;  to  have  Compulsory  process  for  obtain 
ing  Witnesses  in  his  favour,  and  to  have  the  Assistance  of  Counsel 
for  his  defence. 

ARTICLE  VII. 

In  Suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved, 
and  no  fact  tried  by  a  jury  shall  be  otherwise  re-examined  in  any 
Court  of  the  United  States,  than  according  to  the  rules  of  the  com 
mon  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishment  inflicted. 

ARTICLE  IX. 

The  enumeration  in  the  Constitution  of  certain  rights  shall  not 
be  construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X. 
The  powers  not  delegated  to  the  United  States  by  the  Constitu- 


of  the  Confederate  States.  307 

tion,  nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people. 

ARTICLE  XI. 

The  judicial  power  of  the  United  States  shall  not  be  construed  to 
extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted 
against  any  of  the  United  States  by  citizens  of  another  State,  or 
by  citizens  or  subjects  of  any  foreign  State. 

ARTICLE  XII. 

The  Electors  shall  meet  in  their  respective  states,  and  vote  by 
ballot  for  President  and  Vice  President,  one  of  whom,  at  least,  shall 
not  be  an  inhabitant  of  the  same  state  with  themselves ;  they  shall 
name  in  their  ballots  the  person  voted  for  as  President,  and  in  dis 
tinct  ballots  the  person  voted  for  as  Vice  President,  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  President,  and 
of  all  persons  voted  for  as  Vice  President,  and  of  the  number  of 
votes  for  each,  which  lists  they  shall  sign  and  certify,  and  transmit, 
sealed  to  the  seat  of  the  government  of  the  United  States,  directed 
to  the  President  of  the  Senate  ; — The  President  of  the  Senate  shall, 
in  presence  of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates  and  the  votes  shall  then  be  counted ; — The  person 
having  the  greatest  number  of  votes  for  President,  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole  number  of 
Electors  appointed ;  and  if  no  person  have  such  majority,  then  from 
the  persons  having  the  highest  numbers  not  exceeding  three  on  th'e 
list  of  those  voted  for  as  President,  the  House  of  Representatives 
shall  choose  immediately,  by  ballot,  the  President.  But  in  choos 
ing  the  President,  the  votes  shall  be  taken  by  states,  the  representa 
tion  from  each  state  having  one  vote  :  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two  thirds  of  the 
states,  and  a  majority  of  all  the  states  shall  be  necessary  to  a 
choice.  And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the  Vice  Presi 
dent  shall  act  as  President,  as  in  the  case  of  death  or  other  con 
stitutional  disability  of  the  President ; — The  person  having  the 
greatest  number  of  votes  as  Vice  President,  shall  be  the  Vice  Presi 
dent,  if  such  number  be  a  majority  of  the  whole  number  of  Electors 
appointed,  and  if  no  person  have  a  majority,  then  from  the  two 
highest  numbers  on  the  list,  the  Senate  shall  choose  the  Vice  Presi 
dent  ;  a  quorum  for  the  purpose  shall  consist  of  two-thirds  of  the 
whole  number  of  Senators,  and  a  majority  of  the  whole  number 
shall  be  necessary  to  a  choice.  But  no  person  constitutionally  in- 


308  Civil  History  of  the  Government 

eligible  to  the  office  of  President  shall  be  eligible  to  that  of  Vice 
President  of  the  United  States. 

ARTICLE  XIII. 

SECTION  1.  Neither  slavery  nor  involuntary  servitude,  except  as 
a  punishment  for  crime,  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any  place  sub 
ject  to  their  jurisdiction. 

SECTION  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

ARTICLE  XIV. 

SECTION  1.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States  and  of  the  state  wherein  they  reside.  No  state  shall  make 
or  enforce  any  law  which  shall  abridge  the  privileges  or  immuni 
ties  of  citizens  of  the  United  States  ;  nor  shall  any  state  deprive 
any  person  of  life,  liberty,  or  property,  without  due  process  of  law, 
nor  deny  to  any  person  within  its  jurisdiction  the  equal  protection 
of  the  laws. 

SECTION  2.  Representatives  shall  be  apportioned  among  the  sev 
eral  states  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  state,  excluding  Indians  not  taxed. 
But  when  the  right  to  vote  at  any  election  for  the  choice  of  electors 
for  President  and  Vice-President  of  the  United  States,  representa 
tives  in  Congress,  the  executive  or  judicial  officers  of  a  state,  or  the 
members  of  the  Legislature  thereof,  is  denied  to  any  of  the  male 
inhabitants  of  such  state,  being  twenty-one  years  of  age,  and  citi 
zens  of  the  United  States,  or  in  any  way  abridged,  except  for  par 
ticipation  in  rebellion  or  other  crime,  the  basis  of  representation 
therein  shall  be  reduced  in  the  proportion  which  the  number  of  such 
male  citizens  shall  bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  state. 

SECTION  3.  No  person  shall  be  a  senator  or  representative  in 
Congress,  or  elector  of  President  or  Vice-President,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any  state, 
who  having  previously  taken  an  oath  as  a  member  of  Congress,  or 
as  an  officer  of  the  United  States,  or  as  a  member  of  any  state 
Legislature,  or  as  an  executive  or  judicial  officer  of  any  state,  to 
support  the  Constitution  of  the  United  States,  shall  have  engaged 
in  insurrection  or  rebellion  against  the  same,  or  given  aid  or  com 
fort  to  the  enemies  thereof.  But  Congress  may,  by  a  vote  of  two- 
thirds  of  each  house,  remove  such  disability. 

SECTION  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pen- 


of  the  Confederate  States.  309 

sions  and  bounties  for  services  in  suppressing  insurrection  or  re 
bellion,  shall  not  be  questioned.  But  neither  the  United  States 
nor  any  state  shall  assume  or  pay  any  debt  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United  States,  or 
any  claim  for  the  loss  or  emancipation  of  any  slave ;  but  all  such 
debts,  obligations,  and  claims  shall  be  held  illegal  and  void. 

SECTION  5.  Congress  shall  have  power  to  enforce,  by  appropriate 
legislation,  the  provisions  of  this  article. 

ARTICLE  XV. 

SECTION  1.  The  rights  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States,  or  by  any 
state,  on  account  of  race,  color,  or  previous  condition  of  servitude. 

SECTION  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 


INDEX. 


Page 

Acts  of  Provisional  Congress 55 

Adams,   C.   P 125,   134-136 

Adams,   John 15 

Alabama,    Cruiser    61 

Alabama,   Secession  of   37 

Amendment,   Ninth    213-214 

Amendment,    Tenth    223 

Amos  on  Slavery  27 

Anderson,   Colonel   Patton 45 

Annapolis   Convention    205,  206 

Articles  of  Confederation,   How  made  binding 197-199 

Articles  of  Confederation    206 

Bacon,    Lord,   on  Revolution 16,  17 

Barnwell,    R.   W 44,   117 

Bayard,  Thomas  F.  (foot  note) 192 

Benjamin,  J.  P 59,  106,  138-141 

Blaine,   James  G 77 

Border    States    96-98,    104-106 

Bradford,    Mrs 44 

Breckenridge,   John   C 60 

Brown,    Governor    166 

Brown,   John    221,   258,    259 

Brown,  John,  and  Senate  Committee 258,  259 

Brown,   John,   and  Jesus   Christ 259 

Buchanan,   President   264,   265 

Bull  Run,  Rifle  pit-falls  at 267,   268 

Burlingame,    A.    P.    (foot   note) 252 

Butler,   General    269 

Cabinet,    Confederate    59,    60 

Calhoun,  J.  C.,  on  imports  and  duties 29 

Calhoun,  J.  C.,  202  (footnote),  207  (foot  note);  on  dual 
system,  217,  232  (foot  note),  236,  237  (foot  note). 

Campbell,  Judge   43,  64,  121-126,  261,  262 

Chase,   Chief  Justice   97 

Chase,   Governor    248 

Chilton     44 

(311) 


312  Index. 

Page 

Churches    closed    180 

Cobb,  Howell  43,  46,  47,  52,  63,  106 

Cobb,  T.  R.  R 43 

Confederacy,    Currency    of,    110-112;    revenues    of,    109- 

111;   statesmanship   in   the 108 

Confederation,    Articles   of    12 

Confederate  Congress,   Representatives  in,   from  Va 103 

Confederate  Constitution   255 

Colonies,   Political  condition  of 191-194 

Confederate  Government  and  U.  S.  war  supplies. ..  .263-269 

Colonies,  Relation  of,  to  one  another 196,  197 

Commissioners  of   South   Carolina 36,   37 

Committee  on  Military  Affairs  exonerates   Floyd 265-267 

Congress   removes  to   Richmond 103 

Conrad    43,  64 

Constitution,  Close  of,  in  Article  VII,  41;  devotion  of 
South  to,  244;  English,  80,  81;  made  by  States,  205 
et  seq.f  not  a  national  compact,  207;  nullified  at  the 
North,  247-249;  overthrow  of,  28;  permanent, 
adopted,  56;  permanent,  committee  on,  63;  perma 
nent,  adopted,  63;  U.  S.  and  Confederate,  compared, 
49-51,  64-77,  82-84,  87-89;  validity  of,  how  secured, 
206,  207;  and  slavery,  25-27;  and  Southern  States..  29 

Convention  of  Deputies 42 

Convention   of   1787    11 

Cost   of   war    160 

Cotton  bonds   115,   126-129 

Cotton,   King   112-115 

Courts-Martial    31,    32 

Courts,    Power    of 221-224 

Crittenden   Compromise    99,    100 

Crittenden,    Senator    263 

Cushing,  Caleb,  on  Secession,  34,  35  (foot  note). 

Davis,  Jefferson, 

24,  32,  33,  52,  53,  106,  117,  119,  123-125,  138,  142,  161, 

166,  167,  262 

Davis   (from   N.    C.) 60 

Debt  of  Confederacy 112 

Declaration  of  Independence 11,   12,  194,  195 

Declaration  of  Independence  and  a  National  Govern 
ment  197,  198 

Duties  and  imports,  Sectional 28 


Index.  313 

Page 

Elliott's  Debates   (foot  note) 261 

Emancipation  Proclamation,  New  England  professor  on,     30 

Unconstitutional    30 

Justice   Curtis   on 30 

Enrollment  of  troops   151-154 

Equipment  of  armies   148-160 

Federalist,    The    202 

Federalists,  231,  232  (foot  note). 

Federal  Usurpation,  Why  resisted,  242  et  seq. 

Florida,    Secession    of %$7 

Floyd,    Secretary,    Charge   against,   265-268;   opposed   to 

secession     268 

Foreign  relations    117,    128-139 

Freedmen's   Bureau    269 

Freeman,   E.  A 69 

Fugitive  Slave  Law,  The  first,  14,  15;  Justice  Story  on, 
14;  Marshall  on,  14;  Webster  on,  15;  McLean  on, 
15;  Nullification  of  15 

Garrison,  Wm.  Lloyd,  and  disunion,  250,  251  (foot  note). 

Georgia,   Secession  of,  37,  38;  Declaration  of 37,  38 

Geddings,   Joshua   R.,   and   war  of  extermination   (foot 

note)     251 

Georgia's  record  in  war 165-167 

Government,   Usurpation  of  powers  by 235-239 

Grand    Army    of    Republic 259-260 

Gordon,  General   159,  160 

Grant,  U.  S 150,  151,  157,  158 

Greeley,    Horace    97 

Habeas  corpus  suspended  31,  32 

Hamilton,  Alexander 13,  202,  231,  233,  240-242,  260,  261 

Harris,   Governor   43,   105 

Harrison    44 

Harrison,    President    247-248 

Hayes,    R.    B 74 

Hayne,  R.  Y.,  189-190  (foot  note). 

Hessians  in   Northern   Army 209 

Hill,   Benjamin   43,   64 

Hoar,  Senator,  on  courts-martial  32 

Holy  Alliance   224,  225 

Hospitals    169,    170 

Hunter,  R.  M.  T 60,  103,  106 

40 


3U  Index. 

Page 

Inaugural    address    54 

Independence,    South    fighting   for 24 

Ingalls,    John    J 13 

Insurrection   fomented    (foot   note)    252 

Jefferson,  Thomas.  13,  95,  213,  219,  220,  222,  223,  234,  242,  248 

Johnson,   President    77,   106 

Johnston,    J.    E 115 

Kenner,  D.   F 44,   138,   139 

Kentucky    resolutions    220 

Kentucky   and   secession    104 

Lamar,  L.  Q.  C 134-138 

Lee,   R.    E 106 

Letcher,    Governor    101 

Lewis,  Sir  G.  Cornwall  (foot  note) 95 

Lincoln,  Abraham 14,  123,  136,  137,  161,  248,  249 

Lincoln   Inaugural   address    101 

Log-rolling    75 

Longstreet,   General    161 

London   Times    98 

Louisiana,    Secession  of    37 

McLean 15 

Maynadier,   Colonel,  exonerates  Floyd 267 

Madison,  James  202,  206,  207,  227,  228 

Madison  Papers  (foot  note)    261 

Magna   Charta    214,    215,    218 

Maine  and  fraudulent  claims 269,  270 

Maine  and  nullification  (foot  note) 251 

Mallory,    S.   R 59 

Manly,    Dr.    Basil    53 

Marshall,   Chief  Justice   15 

Maryland  and  secession 106,    107 

Maryland,  Declaration  of,  on  powers  of  States 207,  208 

Mason    and    SHdell 132 

Massachusetts  and  the  constitutional  compact 210,  211 

Memminger,  C.  G 43,  47,  48,  59 

Miller,    Justice    : 204,   205 

Mississippi,   Secession  of   37 

Mississippi    bonds    128 

Missouri   Compromise    .245,    246 

Missouri    and   secession    104 


Index.  315 

Page 

Montgomery,  Convention  meets  at 37 

Mosby,   John  S 179 

Negro   citizenship    180,    181 

Negroes  defrauded    269 

Negro  and  schools  180,  181 

Nelson,    Justice    125 

New   England  and   Slavery 242 

New  Hampshire  and  the  constitutional  compact 211 

New  York  reserves  right  to  secede 208,  209 

Nisbet    44 

North  Carolina  refuses  to  enter  Union,  207;  secedes....   103 

North  Carolina's  record  in  war 162-105 

Nullification,  of  fugitive  slave  law,  15;  of  Northern 
States,  187,  247-249;  advocated  by  Seward,  250  (foot 
note);  by  Garrison,  Sumner  and  Portland  Advertiser 
(foot  note)  251 

Palmer,    B.   M 143 

Paris    compact    130-132 

Parties,   Rise  of   12,   13 

Peace    Commission    118-126 

Peace  Congress    100 

Peace  Convention   262,   263 

Pension   system    259,    260 

People,  The,  a  political  myth 225,   226 

Personal  Liberty  Laws,  repealed  by  Rhode  Island 16 

Phillips,  Wendell,  246,  247;  on  sectionalism  (foot  note)..  252 

Pickens,    Fort   122 

Plutocracy    86,    87 

"Poor  Whites"    146-152 

President   elected    52,    53 

Privations  in  the  South 170,   171 

Provisional   Congress    42-44,    117 

Provisional  Constitution  adopted   52 

Provisional    Government,    Commissioners    appointed    to 

form     36,    37 

Public  debt  of  Confederacy   112 

Randolph,  G.  W 60 

Reagan,   John   H 59 

Reconstruction   33,  34,  257,  258 

Rhett,  R.  B 43,  46,  63 

Rhode  Island  refuses  to  enter  Union,  207;  reserves  right 
to  secede  208,  209 


316  Index. 

Page 

Religion   in   camp    .............  *,!.•«•  4. ........ 175-178 

Religion  degraded   179,   180 

Republican  party,  sectional  (foot  note)    252 

Republican  platforms,   1856-1860   195 

Ritchie,    Thomas    223 

Russell,    Dr 98 

Scott,    General    265 

Secession  a  deliberate  act,  260,  261;  advocated  by 
Spaulding  and  Greeley,  251,252  (foot  note);  advocated 
In  Connecticut,  16;  a  separate  and  legal  act,  253  et 
seq.;  caused  by  sectionalism,  226  et  seq.;  demanded 
by  NCAV  York  Tribune,  250  (foot  note);  justified  by 
South  Carolina,  23;  New  York  reserves  right  of, 
207-209;  of  South  Carolina,  34;  Caleb  Gushing  on,  34, 
35  (foot  note);  legal  justification  of  185  et  seq.; 
Rhode  Island  retains  right  of,  208,  209;  right  of,  24, 
25,  38-41;  right  of,  claimed  by  several  States,  211; 
threatened  by  New  England,  245;  Virginia  reserves 

right  of 207-209 

Sectionalism,  226  et  seq. 

Seddon,  James  A 60 

Semmes,    Raphael    60 

Seward,  W.  H 14,  97,  98,  120-125,  250,  262 

Shaler,   Professor  N.   S 179 

Sheridan,   General 150,   151 

Sherman,  John,  and  John  Brown 258 

Sherman's   march   through   Georgia 150-151 

Sherman,    Senator    264,   267 

Simmons,    Senator    21 

Slaves,   Valuation  of   16 

Slavery,  In  colonies,  13;  Ingalls  on,  13;  Lincoln  on,  14; 
Seward  on,  14;  Stephens  on,  26,  27  (foot  note); 
Amos  on,  27;  and  Constitution, 

25-27,  89-92,  242,  255,  256 

Slave  Trade,   Vessels  engaged  in 15 

Slldell   106,   132 

Smith,    Goldwln    146-152,    264 

Smith,    Robert    H 19 

South  Carolina  justifies  secession,  23;  secession  of,  84; 
convention  of  1860,  34-36;  commissioners  appointed 

by    36,    37 

Spoils   system   79 


Index.  317 

Page 

States'  Rights 40,  41,  65,  66,  126,  143,  188,  189 

States,  Readmission  of,  33;  independence  recognized 
separately,  197;  antedate  the  Union,  200,  201;  can 
destroy  National  Government,  231;  status  of,  194; 

sovereignty  of,  197,  203,  204;  relation  to  Union 215 

States,  Southern,  not  prepared  for  war,  261-270;  desire 

peace     261-263 

Stephens,   A.   H.,   18,   26,   27   (foot  note), 

43,  47,   56-59,  63,  01,   102 

Stevens,  Thaddeus,  on  changing  Constitution 30,  31 

Story,  Chief  Justice   15,   194 

Sumner,   Chas.,  97,  221,   222,   251   (foot  note). 

Sumter,    Fort    122-126,   262 

Supreme  Court  decisions  on  political  status  of  Confed 
erate  States  Government  and  State  governments 

during  the   war    271-273 

Supreme   Court  packed    256-257 

Taui,   Thomas   44,   45 

Teller,   H.   M 73 

Tennessee  abolishes  slavery,  106;  secedes 103,  105 

Texas    secedes    60 

Toombs,  Robert 17-24,  43,  52,  59,  64,  104,  106,  117 

Treaty  of  1782   12 

Trenholm,  George  A 48,  60 

Tucker,   John  Randolph    273 

Tyler,    Ex-President    103,   104 

Tyrannical   acts   81,   32 

Union,  Conditions  of  remaining  in,  22,  23;  causes  of  se 
ceding  from,  28;  three  division  of  powers,  68;  relation 
of  States  to,  215  et  seq. 

United  Country,   How  to  gain 181,   182 

United  States,  Powers  of,  defined 219-220 

United   States  shipping  destroyed 132 

Van   Buren,   241   (foot  note) 242 

Vance,  Governor  115,  163,  164 

Vance,    Senator    101 

Virginia  Convention,  100,  101;  secedes,  102;  record  in 
war,  167,  168;  colony  of,  separates  from  Great  Bri 
tain,  193,  194;  appoints  commissioners,  205;  reserves 

right  to  secede,  207;  peace  convention 268 

Von    Hoist    ,     28 


318  Index. 

Page 

Walker,  L.  P ,..43,  59,  64 

War  governors    124,   125 

War   vessels    156,    157 

Washburne,  E.  B 77,   78 

Washington,    George    242 

Watts  60 

Webster,  Daniel,  15,  189,  190  (foot  note). 

Wilmer,   Bishop    180 

Withers   44,   64 

Women,    Southern    169-175 

Woods,    General    179-180 

Yancey,   W.   L 126,   127 


J 


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